HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Criminal Petition No.102380/2022 is filed by accused No.5 and Criminal Petition No.102385/2022 is filed by accused No.6. Both the petitions are filed under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in crime No.83/2022 of Kuduthini Police Station registered for the offences punishable under Ss. 364 , 302 , 201 , 323 , 120-B , 448 , 143 , 147 , 148 read with 149 of the Indian Penal Code , 1860 (hereinafter referred to as ' IPC ', for brevity).

(2.) It is the case of the prosecution is that, one Vinod Kumar has filed complaint stating that on 11/6/2022 at 00:30 hours some persons knocked the door, his father had opened the door, they gained entry into the house and he could identify accused Nos.1 to 4 and there were two other persons. Among the accused persons, one Bharath-accused No.2 abused the deceased and asked him to ask sorry with Arun, accused No.1- Venkatesh also abused the deceased for torturing, giving warning and asking money to Shanawaz and thereafter, he fisted on the left eye of deceased. The complainant and his mother requested accused No.2-Bharath to leave the deceased, but they took the deceased in the Scorpio vehicle bearing No.KA- 02/MD-0891 and proceeded towards Kurekuppa village. The complainant chased the said vehicle in his auto-rickshaw but, he could not trace the vehicle. The complainant after search of his father returned to the home at 3:00 a.m, and had discussed with his mother to lodge the complaint and at 8:00 a.m, when they were about to go to the Police Station, at that time, his uncle namely Umesh came to their house and informed them that his father's dead body is lying in HLC dry Canal in between Kurekuppa-Nallapura Upparhalli road and his head was severed. The complainant and others went to the spot and saw the dead body. It is further stated that due to financial transaction and with old enmity the accused persons have committed the murder of his father with sharp weapons and thereafter, threw the body in the dry canal. The said complaint came to be registered in Crime No.83/2022 of Kuduthini Police Station for the aforesaid offences. The petitioner/accused No.5 came to be arrested on 13/6/2022 and he is in judicial custody. The petitioner/accused No.5 filed Criminal Miscellaneous No.637/2022 and the same came to be rejected by the learned II Additional District and Sessions Judge, Ballari, by order dtd. 2/8/2022. The petitioner/accused No.6 came to be arrested on 19/6/2022 and he is in judicial custody. The petitioner/accused No.6 filed Criminal Miscellaneous No.634/2022 and the same came to be rejected by the learned II Additional District and Sessions Judge, Ballari, by order dtd. 2/8/2022. Therefore, the petitioners/accused Nos.5 and 6 are before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioners/accused Nos.5 and 6 and the learned High Court Government Pleader for the respondent-State.