MUNIRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.6263/2022 is filed by accused No.3 and Criminal Petition No.8100/2022 is filed by accused No.2 under Sec. 439 of Cr.P.C., for granting bail in (S.C.No.49) Crime No.58/2022 registered by Bangarpet Police Station, K.G.F., pending on the file of III Additional District and Sessions Judge, Kolar (sitting at K.G.F) for the offences punishable under Ss. 302 , 307 , 323 , 504 read with Sec. 34 of Indian Penal Code.

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

(3.) The case of the prosecution is that on the complaint of one Anand, who is the brother of the deceased-Krishna Murthy filed a complaint to the Police on 19/2/2022 alleging that there was a land dispute between one Krishnappa and accused No.2 and on the date of the incident on 18/2/2022 the said person went to the Court to attend hearing of the case and while coming accused No.3 said to be the driver and accused No.2 said to be the owner of the Scorpio Car and accused No.1 together travelling in the car tried to run over the car on Muniyappa, but he escaped. Thereafter, the said Muniyappa took some person along with him to question the same to the accused persons when they were absconding. When they were quarrelling with each other, the deceased Krishna Murthy went their and questioned why they were quarrelling, at that time accused No.1 stabbed on the neck of the deceased and caused injury when the complainant and his brother came for rescue they were also assaulted by the other accused with machete. Subsequently, deceased was taken to the hospital, but due to severe injuries deceased Krishna Murthy succumbed to death. After registering the case, accused No.3 was arrested on 20/2/2022 and accused No.2 was arrested on 4/3/2022 and were remanded to judicial custody. These petitioners have approached the Sessions Court for grant of bail, which came to be rejected. Hence, they are before this Court.