CHANDAN P.C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.8 seeking setting aside the order dtd. 15/10/2022 passed in Crl.Misc. No. 1208/2022 by the III Addl. District and Sessions Judge, Tumakuru, where under the anticipatory bail petition of the appellant/accused No.8 sought in respect of crime No. 80/2022 of Gubbi Police Station for the offences punishable under Ss. 143, 144, 148, 323, 324, 302 , 201, 120(B), 504, 114 r/w 149 of IPC and under Sec. 3(2)(V) of the SC ST (Prevention of Attrocities) Act 1989 (for short 'Act'), came to be rejected.

(2.) Heard learned counsel for the appellant/accused No.8 and the learned HCGP for respondent No.1. Respondent No.2 in spite of service of notice remained absent and unrepresented.

(3.) The case of the prosecution is that it was reported to the police that one Nandish took Girish.P.M., the brother of respondent No.2, with him at about 8.30 p.m and he did not return home. Thereafter, respondent No.2 came to know that his brother Girish.P.M was found dead near the pond, with the dead body of another person some distance away from the dead body of his brother. Respondent No.2 went to the place where the dead body of another person was found and came to know that his name was also Girish.K., a resident of Manchaladore village. He noticed injuries on the dead body of his brother Girish.P.M as well as injuries on the dead body of another person, Girish.K. He suspected that one Nandish and others accused have killed his brother Girish.P.M and another person, who is also Girish.K. After an investigation, the investigation officer has filed a chargesheet against 29 accused person. According to the prosecution, the dead person was stealing coconut drugs, areca nuts, and other things, therefore, the villagers decided to catch them red handed with their stolen things. Pursuant to the same, both were assaulted, and they died. The dead bodies were found near the pond. The present appellant, who has arrayed as accused No.8 in the chargesheet, apprehending his arrest, filed Crl.Mis.No.1208/2022 seeking anticipatory bail, which was rejected by the impugned order dtd. 15/10/2022, which is challenged in this appeal.