H.D. HARSHA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is the 3rd accused in a criminal case in Crime No.244/12 on the file of Nelamangala police station. After concluding investigation, charge sheet has been filed against all the accused for the offense punishable under Sections 120B, 143, 147, 148, 341, 427, 323, 324, 332, 307, 302, 506, 114 read with Section 149, I.P.C. and Sections 25 and 27 of the Arms Act. Petitioner is in judicial custody since December 2012. This is the third bail application filed under Section 439, Cr.P.C. after dismissal of similar bail applications filed in Crl.P.6832/13 and Crl.P.1961/14 disposed of on 18.9.2013 and 15.7.2014 respectively.

(2.) The case on hand relates to the murder of one person by name BEML Krishnappa on 26.7.2012 near Arishinakunte of Nelamangala Taluk. Prosecutioin case is that BEML Krishnappa was travelling from Binnamangala to Hotel Samrat, Seshadripuram, Bengaluru, on 25.7.2012. In the said hotel, the complainant-Ramakrishnappa met the friends of deceased BEML Krishnappa. At about 7.00 p.m., BEML Krishnappa and the complainant and his friends proceeded towards Arishinakunte village in Nelamangala along with his gunman-Sachidananda. BEML Krishnappa and the complainant were travelling in an INNOVA car driven by his driver, and the others along with the gunmen were traveling in two other cars.

(3.) It is alleged that when the car reached service road near Arishinakunte at 7.30 p.m., 10-15 persons surrounded the car in which BEML Krishnappa was seated. One amongst them wielded a rod and attacked on the right side of the car and in the meanwhile, a Tempo Traveller came to the spot and a group of people alighted from it and started attacking the car of BEML Krishnappa. There was firing and cross firing. In the said firing, Bettanagere Seena died.