(1.) This petition is filed by the petitioners/accused Nos.1 to 4 under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting bail in Crime No.108/2021 registered by the Harapanahalli Police Station, Ballari, for the offences punishable under Ss. 143 , 147 , 148 , 120B , 302 , 212 and 201 read with Sec. 149 of the Indian Penal Code, IPC now pending on the file of the learned Principal Civil Judge and JMFC, Harapanahalli.
(2.) Heard Sri. C.H. Hanumantharaya, learned counsel appearing for petitioner No.1, Sri. K.L. Patil, learned counsel appearing for petitioner Nos.2 to 4 and the learned High Court Government Pleader for the respondent/State.
(3.) The case of the prosecution is that, one Smt. Shilpa, wife of deceased Shreedhar, filed complaint alleging that, on 13/7/2021 when she was in Uchchangidurga, her husband informed over telephone that, he has lodged a case against Bharat who is the son of P.T. Parameshwar Naik and H.K. Halesh-accused No.6 and his son and therefore there is fear of life threat. Informing the same, on 14/7/2022, during the entire day, he was in the house. On 15/7/2021 at about 7:15 pm, when the complainant was in the house, she heard that her husband was assaulted near the hotel within the premises of ADB College. Herself and others rushed to the spot and found blood stains on the chair as well as on the ground and mobile phone of her husband was also lying there. Immediately, she enquired with the owner of the hotel-Channaveera Gowda, who informed that on the said day between 6:45 pm to 7:30 pm, accused No.1-Vageesha along with 4 others came with the deadly weapons like iron rod and cement brick stones and assaulted the husband while he was drinking tea. Thereafter, she rushed to the Government Hospital at Harapanahalli. She saw the dead body of her husband. Thereafter she gave complaint to the police. After registering the case, during investigation, the police arrested these petitioners and remanded them to judicial custody. Their bail petition came to be rejected by the learned Sessions Judge. Hence, they are before this Court.