SUBHOD @ BANTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed seeking bail in Crime No.199/2010 of Hubli Town Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307, 302 and 109 read with Section 149 of IPC. On the death of Palaksha, the Police have added Section 302 of IPC for the earlier Sections.

(2.) IT is the case of the complainant-Naveen that on 23.10.2010, the complainant and his friends by name Pradeep and Palakshya had gone to watch a movie in Apsara Talkies and at about 5:30 p.m. when they came out of the talkies, about 7 named persons and about 20 unnamed persons suddenly came near the gate of the talkies and assaulted them with various weapons like kodli, baad (knife) etc., It is stated in the complaint that the petitioner Rajani has assaulted the deceased Palaksha to his abdomen by means of a knife and Shashi has assaulted the injured Pradeep on the back side of his head. The deceased Palaksha died on the same day. It is stated in the complaint that this petitioner assaulted the deceased-Palaksha on his mouth by means of knife. It is further stated that all other accused have also assaulted the deceased-Palaksha by means of various weapons. The deceased was shifted to Hospital by the complainant and thereafter the complainant lodged the complaint before the Police.

(3.) IT is submitted by the learned counsel for the petitioner that similarly placed accused ­ Rajanikant @ Rajani has been granted bail in Crl.P.No.10797/2011 and the other accused ­ Shashikantha @ Shashi has also been released on bail in Crl.P.No.2824/2011 on 29th July 2011 and hence, he submits that the petitioner is also placed in the same footing and on the ground of parity, he may be enlarged on bail.