MALLU @ MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS being accused Nos.1 and 3 in Crime No.35/2012 of Roza Police Station, Gulbarga registered for the offences punishable under sections 355, 302 read with Section 149 of IPC along with other offences have approached this Court by filing this petition under Section 439 of Cr.P.C. praying for their release on bail.

(2.) PETITIONERS are accused Nos.1 and 3 respectively. There was an enmity between the deceased ­ Sachin and accused No.6, as the quarrel took place during the course of the procession, which is held on 14.04.2012 on account of Dr. B.R.Ambedkar jayanthi. On 16.04.2012 at about 3.30 p.m. all other accused at the instigation of accused No.6 having formed themselves into an unlawful assembly kidnapped Sachin and took him in an auto rickshaw by force near a Nala coming within the limits of Itga (A) village. Certain other accused assaulted Sachin and immersed his head in Nala water. Accused No.3 i.e., petitioner No.2 herein assaulted with the bottle on the head of the deceased ­ Sachin whereas accused No.1 i.e., petitioner No.1 herein immersed the head of the deceased in a Nala water.

(3.) IT is no doubt true that some of the accused are released on bail by this Court. Against such accused who are released on bail there are no specific allegations whereas the specific overt-acts are alleged against accused Nos.1 and 3 i.e., petitioners herein. Petitioner No.2 allegedly assaulted on the head of the deceased with the bottle whereas accused No.1 immersed the head of the deceased in a Nala water. Consequent upon which, the deceased breathed his last. The auto rickshaw driver is the eye witness to the incident. Since specific allegations are found against these petitioners, this is not a fit case to release them on bail. In case, if the petitioners are released, there is every likelihood of they tampering the prosecution witnesses. Hence, the criminal petition stands rejected. It is open for the accused to pray for early disposal of the Sessions Case.