ANJINEYALU @ ANJI, S/O. LATE THIPPESWAMY Vs. THE STATE OF KARNATAKA (BY ITS BELLARY RURAL P.S.) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DHARWAD

JUDGEMENT

(1.) THESE two petitions are by the accused who are ranked as accused Nos. 1 and 3. Criminal Petition No. 10862/2012 is by the accused No. 1, while Criminal Petition No. 10960/2012 is by the accused No. 3, who are facing charge for the offences punishable under Sections 302, 201, 120B read with Section 149 of the IPC and Section 3(2) (5) of the SC/ST (PA) Act, in the matter relating to homicidal death of Sathyavanth. While in the judicial custody, they seek bail. As the material allegation, on which they were arrested is the same, both the petitions are clubbed and taken up for consideration together.

(2.) SRI . B. Chidananda, Learned Counsel appears for accused No. 1 in the first petition and Sri. Basavaraj, Learned Counsel appears for accused No. 3 in the second petition. They have taken me through the records and orders passed by the trial Court and this Court, on the applications moved by the co -accused. On behalf of State, Sri. Vinayak S. Kulkarni, learned Government Pleader has filed statement of objections, which I have considered.

(3.) THE information collected during investigation reveals, Sathyavantha was killed not by the accused Nos. 6 and 7, but they had hired accused Nos. 1 and 2 to commit the crime. Therefore, Section 120B of Cr. P.C is invoked to arrest all of them together for the offence punishable under Section 302 of the IPC.