CHANDRAIAH P. R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No. 4 has filed this appeal seeking to set aside the order dtd. 15/10/2022 passed in Crl.Misc. No. 1342/2022 by the III Additional District and Sessions Judge, Tumakuru, whereunder the bail petition of appellant - accused No. 4 sought in respect of crime No. 80/2022 of Gubbi Police Station for the offence under Ss. 143 , 144 , 148 , 323 , 324 , 302 , 201 , 120-B , 504 , 114 read with Sec. 149 of IPC and Sec. 3(2)(v) of SC ST (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as 'the Act') came to be rejected.

(2.) Heard learned counsel for the appellant and learned HCGP for respondent No.1 - State. Inspite of service of notice respondent No.2 remained absent and unrepresented.

(3.) It was reported to the Police that one Nandish and others took Girish P.M., brother of respondent No.2 with them 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 and saw the dead body of another person at some distance away from the dead body of his brother. Respondent No.2 went to that place where the dead body of another person was found and came to know that his name is also Girish.K, resident of Manchaladore village. He noticed injuries on the dead body of his brother Girish P.M. and also noticed injuries on the dead body of another person by name Girish.K. He suspected that Nandish and other accused have killed his brother Girish P.M and another person who is Girish K. After investigation, the Investigating Officer has filed charge sheet against 29 accused persons. According to the prosecution, both the deceased were thieves stealing coconut, dried arecanuts and other things. Therefore, the villagers decided to catch them red hand with their stolen things. Pursuant to the same, both were assaulted and they died. The dead bodies were found. Appellant - accused No. 4 came to be arrested on 27/4/2022 and he is in judicial custody. He filed Crl.Misc. No. 1342/2022 along with accused No. 14 seeking bail and the same came to be rejected by the impugned order dtd. 15/10/2022 which is challenged in this appeal.