RAMESH BAYARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is arrayed as accused No.1 in Crime No.5/2013, registered for offences punishable under sections 120B, 143, 144, 147, 148, 341, 302, 201 r/w 149 IPC. As per final report dated 30.03.2013, there were long standing civil disputes between petitioner and deceased Vasudeva Adiga. The petitioner and deceased Vasudeva Adiga hail from the same village called Kokkanbailu, Vandaru Village, Udupi Taluk. The civil litigations had ended in favour of deceased Vasudeva Adiga. Therefore, petitioner had developed grudge against deceased Vasudeva Adiga. The petitioner is alleged to have entered into conspiracy with other accused. Accused No.2 is the brother-in-law of petitioner. The petitioner is alleged to have hatched a conspiracy in the house of his brother-in-law (accused No.2- Subramanya Udupa) at Bangalore on 04.01.2013. The petitioner is alleged to have entered into conspiracy with accused 3 to 8 and engage them as mercenaries to kidnap and commit murder of deceased Vasudeva Adiga.

(2.) IT is the case of prosecution that on 07.01.2013, deceased Vasudeva Adiga was kidnapped by petitioner and other accused. The deceased Vasudeva Adiga was done to death. The deadbody was transported in a car. The hands were tied and a stone was tied to deadbody of deceased Vasudeva Adiga and it was thrown into Madagada tank of Emmadoddi Village, Kadur Taluk, Chikmagalur District.

(3.) I have heard Sri Ravi B.Naik, learned senior counsel for petitioner and learned HCGP for State.