VINOD K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioners/accused Nos.3 and 5 in Crime No.91/2022 of Tavarekere Police Station, Ramanagara, for the offence punishable under Ss. 302 and 201 read with Sec. 149 of IPC.

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

(3.) The factual matrix of the case of the prosecution is that on 24/2/2022 at 9.30 p.m. accused Nos.1 to 5 went to consume alcohol in the Brizza car bearing No.KA-41-MD-5552 which belongs to C.W.16 and the victim came in the two wheeler belonging to C.W.18 along with C.W.4 and all were consuming alcohol. While consuming alcohol, the victim started quarreling referring the character of the wife of accused No.1 and the same was witnessed by C.W.3 and at around 11.00 p.m., he pacified the incident and advised them not to quarrel with each other. Thereafter, the accused Nos.1 to 5 went in a car near sigehalli gate and secured accused No.6 and came back to Spoorthy Layout, wherein the victim was also consuming alcohol. At that time, all the accused went near and questioned him why he speaks about the family of accused No.1 and all of them joined together in sharing their common object and in order to commit murder, assaulted him with their hands and also with their legs and at around 12.00 in the midnight, took him in car driven by accused No.2 and also took the two wheeler belonging to the victim and near the place of Yalachaguppe Village in the early morning at 1.30 a.m. on 25/2/2022, in order to pretend that it is an accident, made the victim to get down from the car and dashed against him and committed murder and left the two wheeler belonging to the victim at the spot to pretend that it was an accident. Hence, case has been registered and the police have investigated the matter and filed the charge-sheet and apprehended these petitioners along with other accused persons.