VEERABHADRAIAH Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned HCGP for the respondent-State in respect of bail sought by the petitioner who along with seven other accused are alleged to have committed the offences punishable under Sections 143, 147, 148, 302 and 201 r/w Section 149 of IPC.

(2.) PETITIONER's counsel submit that the other accused who have been granted bail earlier by this Court are accused Nos. 2, 5, 7 and 8 and produced the order passed in Crl.P.Nos.4010/2011 & 6978/2011. Further submission made is that even the trial court has opined that the offence under Section 302 of IPC may not get attracted, more over, the material collected by the I.O., several persons said to have assaulted the deceased because the deceased was in the habit of making mobile call to CW-10 and telling that he would enjoy his daughter and this made the villagers to take the deceased and all the villagers assaulted the deceased. Therefore, submission made is that at best the case may fall under Section 304 Part-II of IPC and not Section 302 of IPC and therefore, the petitioner be released on bail.

(3.) IN the result, petition is allowed and bail is granted to the petitioner, subject to the following conditions:-