GANGADHAR Vs. STATE

JUDGEMENT

(1.) THESE two petitions are filed seeking bail in Crime No. 100/2013 of Aland police station, registered on 13.04.2013, for the offence under Sections 143, 147, 148, 149, 302 and 307 of IPC.

(2.) THE incident is alleged to have happened on 3.4.2013 at 10.00 p.m., FIR is registered on 13.4.2013, since the injured complainant by name Ganesh ran away from the scene of occurrence to Omerga village and lodged the complaint in Omerga police station on 4.4.2013 at about 2.25 p.m. The said FIR was later on transferred to Aland police station on the point of jurisdiction and later on the same is registered on 13.4.2013.

(3.) SRI Baburao Mangane, learned counsel for the petitioner in Criminal petition No. 200030/2014 and Sri Nandkishore Boob, learned counsel appearing for the petitioners in Criminal petition No. 200142/2014, submit that there are no specific overt -acts alleged against any of the petitioners and that an omnibus statement is made against them. Except stating that the petitioners were in the Bolero Jeep at the time when the deceased were forcibly taken into the vehicle, there are no other materials to hold that the petitioners are guilty of an offence punishable under Section 302 of IPC. Even if the voluntary statements of the accused is taken into consideration, the specific overt acts are alleged against accused No. 2 -Machendra and accused No. 5 -Karabasappa Naroona, who are alleged to have dealt the fatal blow on the deceased by weapons. Hence, it is submitted that the petitioners may be enlarged on bail.