CHIDANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.3 to 5 have filed this petition under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.84/2021 of Raibag Police Station, registered for the offences punishable under Sections 143, 147, 148, 120B, 114, 302, 504 read with 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) The case of the prosecution is that accused No.1 - Vasanath Babu Holkar, his wife Veena Vasanth Holkar and accused No.2 - Shreemant Basappa Holkar, who is cousin brother accused No.1 were known to deceased Purandar and his family members. The deceased Purandar from his mobile phone has sent his half nude photo through What App to the mobile of CW.16-Veena Vasanath and on coming to know the same accused No.1 suspected deceased and all accused conspired to commit murder of Purandar. Accused No.1 told Purandar to come to the house of accused No.2 on 27.04.2021 and on 27.04.2021 at about 9.30 a.m., when the deceased came to the house of accused No.2, accused Nos.3 to 5 have abused him in filthy language and assaulted him with a pipe on his entire body and killed him. The charge-sheet has been filed against accused Nos.1 to 5 for the offences under Sections 143, 147, 148, 120(B), 114, 302, 504 read with 149 of IPC. Accused Nos.3 to 5 were arrested on 28.04.2021 and they were remanded to Judicial Custody. The petitioners filed Crl.Misc.No.5600/2021 seeking bail and the same came to be rejected by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi by order dated 18.10.2021. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard learned counsel appearing for the petitioners and learned High Court Government Pleader for the respondent-State.