J.R. PRASANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners 1 and 2 in Cri. P. No. 153 of 2013 have been arraigned as accused 3 and 4 while petitioner in Cri. P. No. 399 of 2013 has been arraigned as accused 2 in C.C. No. 151 of 2012 on the file of Civil Judge (Junior Division), JMFC, Somwarpet registered for the offences punishable under Section 302 read with Section 34 of Indian Penal Code, 1860. The petitioners in these two petitions filed under Section 439 of Code of Criminal Procedure, 1973 have sought for an order to enlarge them on bail in connection with the aforesaid case. According to the case of the prosecution C.W. 10-Girish H.K., resident of Honavali Village, Somwarpet Taluk lodged a report at about 7.30 p.m. on 8-9-2012 based on which case came to be registered in Crime No. 151 of 2012 against unknown persons and investigation was taken up. In the said report it was inter alia alleged that at 6.50 p.m. on 8-9-2012 when the complainant was in his house he heard a banging sound on the road in front of his house and immediately when he came out of his house he saw four persons after alighting from Maruthi Van assaulting another on the road and on seeing this when he went close to the place of incident, the four assailants boarded a silver colour Maruthi Omni Van and started to proceed. At that time he also saw a person lying in pool of blood and the Motor Cycle bearing registration No. KA 09 N 5344 was also found lying. The person lying with injury was found dead. At that juncture C.W. 11-Sudeep and C.W. 12-Girish who were near a shop close by, on hearing the scream of C.W. 1 came there and they noticed the registration number of the Motor Vehicle, in which the assailants were proceeding. The Motor Vehicle was bearing registration No. KA 12 P 1527. Immediately C.W. 1 telephoned the police about the incident and thereafter the dead body was shifted to the hospital and subjected to post-mortem examination. The Doctor who conducted post-mortem examination opined that the death was due to hemorrhagic shock/cardo pulmonary arrest as a result of extradural hemorrhage i.e., head injury.

(2.) During investigation, on suspicion these petitioners along with accused 1-Jayappa were apprehended on 10-9-2012. During interrogation, the accused persons said to have confessed to the crime. Thereafter, petitioners were subjected to judicial custody. On completion of investigation, charge-sheet came to be filed. The application filed by the petitioners for grant of bail before the learned Sessions Judge came to be rejected. Therefore, they are before this Court. It is now reported that the matter has already been committed to the Court of Sessions.

(3.) The petition is opposed by respondent-State.