SATHEESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BOTH these petitioners are accused Nos. 8 and 14 respectively in Crime No. 244/2012 on the file of the Nelamangala Police Station, Bangalore Rural District. Offences alleged against them are punishable under Sections 341, 120B, 143, 147, 148, 149, 302 and 307 of IPC and Sections 25 and 27 of the Arms Act, 1959. They have been in judicial custody and hence they have prayed this Court to allow the bail petitions filed under Section 439 of Cr.P.C. They have undertaken to obey any conditions which may be imposed on him.

(2.) LEARNED Special Public Prosecutor Sri H.M. Thimmarayappa, has filed detailed objections and has opposed the bail applications vehemently. He has argued that prima facie case is forthcoming against these petitioners in the murder of BEML Krishnappa on 25.07.2012, since brother -in -law of accused No. 1 was murdered on 17.03.2009. BEML Krishnappa was murdered by a gang of several persons on the road leading to his native Village Arisankunte near Nelamangala at about 8.00 p.m. on 17.03.2009. Petitioner Satheesha in Crl. P. No. 4604/2014 is stated to have exhorted the other accused in murdering BML Krishnappa by being physically present at the spot. Allegation against accused No. 14 Shivkumar, petitioner in Crl. P. No. 6012/2014 is that he assaulted him with a jack spanner. Accused No. 14 is stated to have concealed the deadly weapons like long and rod in his house and they had been allegedly used in the murder of BEML Krishnappa. In all there are 41 accused in the present case.

(3.) PERUSED the records inclusive of the orders dated 26.11.2013 passed by this Court in Crl. P. No. 4846/2013.