RANGASWAMY P. C. Vs. STATE BY KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No. 16 seeking setting aside the order dtd. 15/10/2022 passed by the III Additional District and Sessions Judge, Tumakuru, in Crl.Misc. No. 1207/2022 whereunder the bail petition filed by the appellant - accused No. 16 sought in respect of crime No. 80/2022 of Gubbi Police Station, Tumakuru, for the offence punishable under Ss. 143 , 144 , 148 , 323 , 324 , 302 , 201 , 120-B , 504 and 114 read with Sec. 149 of IPC and Sec. 3(2)(v) of SC ST (Prevention of Atrocities) Act, 1989 came to be rejected.

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

(3.) 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 son of 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.