JAGADISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Sec. 439 of Cr.P.C. is filed by the petitioners - accused Nos.6 and 7 to enlarge them on bail in Crime No.24/2023, registered by the Aurad Police Station, for the offences punishable under Ss. 143 , 147, 148, 341, 323, 324, 307, 302, 504 and 506 read with Sec. 149 of IPC.

(2.) The case of the prosecution is that on 4/4/2023 at 11.00 p.m. when the complainant and her family members were in their house, Praveen with his wife Mamata and Sham, Jagadish, Jaibheem and others came in front of their house and demanded Naganath to allot a share in the house. When Naganath refused to allot the share, accused No.1 - Praveen assaulted on the head of the deceased - Naganath with stick and caused bleeding injuries. Further, he also assaulted the Pratibha on her head and caused bleeding injuries. The accused No.4 - Ahilabai and accused No.2 - Mamata held the said Pratibha tightly, during which time when the complainant questioned the accused Nos.2 and 4, the accused Nos.2 and 4 pulled the hair of the complainant and pushed her to ground. Accused Nos.5 to 7 instigated the other accused to take away the life of the deceased - Naganath and abused him in filthy language. Thereafter, the accused No.5 - Jaibheem assaulted with the rod on the face of the deceased - Naganath. The other accused restrained the complainant from coming out of the house. Thereafter, accused No.1 sat on the chest of the deceased - Naganath, during which time, the neighbours intervened and pacified the quarrel. Thereafter, immediately the deceased - Naganath was taken to Aurad Government Hospital for treatment and for higher treatment was shifted to Bidar Hospital and he succumbed to injuries on 6/4/2023.

(3.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State.