MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioners/accused in Crime No.94/2021 of Gowribidanur Town Police Station, Chickballapura, for the offence punishable under Ss. 120-B, 302 and 201 read with Sec. 34 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 4/7/2021, these accused persons joined together and the accused No.1 secured other accused persons and also victim and accused No.1 made accused Nos.2 and 3 to stand at the distance and spoke to deceased through mobile of C.W.3 and secured the deceased and took him to lonely place and both of them engaged in homosexual act. In the meanwhile, accused Nos.2 and 3 came to the spot and immediately accused No.1 twisted on the face of the victim, accused Nos.2 and 3 also twisted on his face and accused No.2 inflicted injury with club and snatched the money which was in his pocket and also mobile and thereafter, brought him to other lonely place and accused No.4 also joined along with them and took the accused No.4 to the place of incident and all of them assaulted again with their hands and also obtained google pay password from the victim and accused No.3 called C.W.5 stating that he is going to send the money and he is in need of said money for payment of rent. In all, the accused No.3, transferred the amount of Rs.30,000.00 to the account of C.W.5 and thereafter, the accused No.3 had drawn the said amount. It is also the allegation that though all of them joined together and conspired with each other and committed the offence of murder, they also by using the mobile phone of the deceased have purchased cloth and also spent the amount in the bar and restaurant. In all, they have got transferred the amount of Rs.44,501.00 to the account of C.W.5 and C.W.5 revealed the said fact during the course of investigation. Hence, the prosecution filed the charge-sheet for the offence punishable under Ss. 120-B, 302, 201 read with Sec. 34 of IPC.