RAJESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the accused/petitioner and the learned Government Pleader for the Respondent State and perused the records.

(2.) THE petitioner is Accused No. 2 in Crime No. 345/2013 on the file of Sanjay Nagar Police Station, Bengaluru City. After conclusion of the investigation, charge sheet has been filed before the concerned Court and is registered as SC No. 527/2014 for offences punishable under sections 302, 201 and 120[B] r/w. 34 of IPC. He has been in judicial custody since April 2014.

(3.) IT is further alleged that, in order to cause disappearance of evidence of intended crime, accused No. 1 had switched off the Close Circuit TV and he also made preparation for the alleged crime by collecting deadly weapons like long and chopper in his Wine Shop and on the same day, accused No. 1 asked the deceased to come to his Wine Shop at about 2.00 p.m., promising him to repay the loan amount to him. Accordingly at about 2.00 p.m. on the same day deceased came to the Wine Shop of accused No. 1 and while the deceased Venkatesha entering the said Wine Shop, accused Nos. 2 to 4 also followed the deceased and by that time accused No. 6 closed the shutters of said Wine Shop and in the meanwhile deceased, while counting the amount given to him by accused No. 1, saw accused Nos. 2 to 4 and hence the deceased tried to escape from the very scene. At that juncture, accused No. 1 told accused Nos. 2 to 4 to kill the deceased and at that time, accused Nos. 2 to 4 brutally assaulted on the deceased by means of long and chopper and thereby they committed the murder of deceased Venkatesha.