MANJUNATHA @ MANJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner who is arrayed as accused No.2 in Spl.C.C.No.104/2013 on the file of III Addl. Sessions and Special Judge, Tumkur, registered for the offences punishable under Sections 363, 302, 201 r/w. 34 of IPC and under sections 3(2)(V) of SC/ST (PA) Act, 1989 has sought for releasing him on bail.

(2.) IT is the case of the prosecution, the deceased Sridhar was teasing and abusing the sister of A.1 and in that connection A.1 along with A.2 were nursing grudge against the deceased. It is alleged that on 3.8.2012 at about 6.30 p.m. the accused took the deceased from his house in a tata sumo vehicle bearing registration No.KA -06 -A -9933 and brought him to Ganesha Wine Centre situated at Bokkapatna at about 7.00 p.m. At the said bar after the accused making the deceased to drink they came out of the bar and in front of the house of one Ramalingegowda, S/o. Kalegowda situated on Bokkaptna - Hagalawadi Road they stopped the car and at the said place they picked up quarrel with the deceased as to why he is teasing and abusing the sister of A.1 and in the said quarrel, A.1 assaulted the deceased with his hands and A.2 kicked him on his private part after felling him down on the ground. On account of the assault made, the deceased died at the spot.

(3.) LEARNED High Court Government Pleader contended that the material on record reveals both the accused in furtherance of their common intention and on account of the previous differences they had with the deceased inasmuch as the deceased teasing and abusing the sister of A.1 have committed the murder of the deceased by assaulting and kicking on his private part. Therefore, he is not entitled to be released on bail.