ARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a successive bail petition filed by accused No.2 under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.116/2021 of Gokak Rural Police Station registered for the offences punishable under Ss. 302 , 120(B) , 201 , 504 and 506 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that the deceased Manjunath was very close with one Sushmita daughter of accused No.1. Accused No.1 had warned the deceased two to three times and deceased had not shunned his affair with the said Sushmita and used to assert that he is loving her. Therefore, the accused Nos.1 to 3 hatched conspiracy to eliminate the deceased and accordingly on 17/7/2021 in the evening secured the presence of deceased through CW.6-Manjunath Rankanakoppa and the accused Nos.1 and 3 assaulted the deceased with hands thereafter the accused No.3 held the hands of deceased and accused No.1 assaulted the deceased Manjunath with sickle on back side of his head and hands, and he fell down and at that time accused No.2 thrown stone on his face and killed him. At that time, CW- 6 Manjunath Rankanakoppa, asked them why they did so, at that time the accused No.3 slapped and threatened him. The charge sheet has been filed against the accused Nos.1 to 3 for the offences punishable under Ss. 302 , 120B , 201 , 506 read with 34 of IPC .

(3.) Heard the arguments of learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.