DAYANANDA P.H. Vs. STATE BY KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused Nos.14 and 17 challenging the order dtd. 15/10/2022 passed by III Addl. District and Sessions Judge, Tumakuru in Crl.Misc. No.1259/2022 (by accused No.17) and Crl.Misc. No.1342/2022 (by accused No.14) where under the bail petitions of the appellants sought in respect of Cr. No.80/2022 of Gubbi Police Station, Tumakuru registered for offences punishable under Ss. 143, 144, 148 , 323, 324, 302, 201, 120(B), 504, 114 r/w 149 of IPC and Sec. 3(2)(V) of SC and ST Act, 1989 came to be rejected.

(2.) Heard learned counsel for appellants and learned HCGP for respondent No.1 - State. Learned counsel for respondent No.2 is absent.

(3.) The brief case of the prosecution is that one Sandeep and others took Girish, the brother of the respondent No.2 with them at about 8.30 or 9.00 p.m on 21/4/2022 and he did not return. Thereafter respondent No.2 came to know that his brother was found dead and the dead body was floating in a pond. Another person was also found dead at some distance. Respondent No.2 went to that place and saw the dead body of his brother Girish in the pond. He noticed injuries on the dead body. He also saw the dead body of another person namely Girish S/o Kempanna. He suspected that accused No.1, Nandish and supporters might have killed his brother and another person Girish. Investigation led to filing of chargesheet against 29 accused. According to the prosecution, both the deceased were thieves and were involved in stealing of electrical starters, coconut, arecanut and therefore some of the villagers decided to catch them red hand when they were committing theft. Pursuant to the same, both were caught and they were assaulted severely and consequently they died. The dead bodies were found.