SHABBIR AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 439 of Cr.P.C. by the advocate for the petitioner praying to enlarge the petitioners on bail in Crime No. 74/2012, registered by Manvi Police, Raichur Dist., for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 324, 302 of Indian Penal Code. I have heard the learned counsel for the petitioners as well as learned High Court Government Pleader for respondent - State. I have perused the FIR found in the records.

(2.) THE contents of FIR discloses that Manvi Police have registered a case in Crime No. 74/ 2012 against accused Nos. 1 to 10 for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 149 of Indian Penal Code. It is alleged in the FIR that on 13.05.2012 Shailamma D/o Ananthsena was assaulted by means of cow dung by Shabbif and Ambanna. In this connection on 15.05.2012 at 8.00 p.m. there was altercation between the complainant, Ananthsena and the accused, thereafter, accused formed themselves into unlawful assembly armed with deadly weapons like club, axe and assaulted Ananthsena consequently, he died.

(3.) IT is alleged in the charge -sheet that on 15.05.2012 at 8.00 p.m. there was altercation between the Ananthsena and CW1 and also accused. Overtact attributed against the accused as per the charge -sheet is that accused No. 1 assaulted Ananthsena by means of an axe on his head. Accused Nos. 5 and 6 assaulted the deceased by means of a club. Accused Nos. 2 and 3 kicked on the stomach of the deceased. Accused Nos. 2, 4, 7 and 9 assaulted the deceased with hands. When charge -sheet witness Nos. 5 and 6 went to rescue the deceased, accused No. 6 assaulted them and caused simple injury. Injured Ananthsena was admitted to the District Hospital at Raichur, Unable to recover from the injuries sustained, he died on 16.05.2012 at 5.45 p.m. Therefore, Manvi Police have laid the charge -sheet against accused Nos. 1 to 10 for the offences punishable under Sections 143, 147, 148, 307, 323, 324 and 149 of Indian Penal Code.