PARTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is accused No. 3 in Crime No. 46/2014 on the file of Kanakapura Rural Police Station. Charge Sheet has been filed against all the accused in the said case for the offences punishable under Sections 143, 147, 148, 302, 120 -B of IPC r/w. Section 149 of IPC. He has been in judicial custody since eight months; hence, regular bail application is filed under Section 439 Cr.P.C.

(2.) LEARNED HCGP has vehemently opposed the bail application on the ground that the presence of this petitioner and his involvement of murdering K.P. Chandra on the morning of 5.3.2014 near Chatragate petrol bunk is forthcoming. He has argued that the name of the petitioner has been referred to by the main witness - Muniraju, the first informant, who has filed the complaint, on the very next day of registration of the case. Therefore, it cannot be doubted. It is further argued that K.P. Chandra was brutally murdered by this accused along with other accused by dashing against his vehicle by using the car in which they were travelling.

(3.) FIRST information was lodged by one Muniraju, resident of Kallahalli village, Kanakapura Taluk, at about 10.15 am before the respondent -police station, on the basis of which a case came to be registered in Crime No. 46/2014. He is stated to be an eyewitness to the incident in question. As per the first informant, K.P. Chandra was proceeding on his motor bicycle on pipeline road and he reached a place near chatragate Petrol bunk at about 8.15 a.m. on 5.3.2014. At that time, a Tata Indica Car came behind the said motor bicycle and dashed against the motor bicycle driven by K.P. Chandra, as a result of which he fell down along with his motor bicycle. Suddenly 4 members came out of the Car holding sharp longs and assaulted on the limbs and head of K.P. Chandra recklessly by which time, K.P. Chandra's brother K.P. Prakash also came there. The first informant could recognize accused Umesh and Raghu S/o. Shankar as the 2 assailants amongst the 4 assailants and that he would recognize 2 persons at later point of time. According to him, the murder is the outcome of the enmity they had against K.P. Chandra relating to the cess collection in connection with the jatra.