GOVINDARAJU ALIAS GOVINDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) COMMON orders on the bail applications filed under Section 439 of Cr.P.C in Crl.P.Nos.210/2015, 975/2015, 668/2015, 669/2015 & 211/2015.

(2.) ALL these bail applications have been filed under Section 439 of Cr.P.C. relating to Cr.No.244/2012 on the file of Nelamangala town Police Station. There are in all 41 accused in the said crime number. After concluding the investigation, charge sheet has been filed for the offences punishable under Sections 120(B), 143, 147, 148, 341, 427, 323, 324, 332, 307, 302, 506, 114 r/w 149 of IPC r/w Sections 25 and 27 of the Arms Act.

(3.) THE case on hand relates to the murder of one B.M.L Krishnappa at about 08:00 p.m. on 25.07.2012 on the service road of Arishinakunte village attached to National High way. According to the prosecution, the said B.M.L.Krishnappa was proceeding in his Innova car from Bangalore towards his native place. Near Arishinakunte his car was surrounded by several persons. It is alleged that a gun shot was aimed at him and B.M.L.Krishnappa escaped the gun shot and unfortunately the said gun shot hit the driver of the innova car and he then lost his eyes. It is further alleged that deceased accused No.1 Bettanagere Seena @ Srinivas, assaulted deceased B.M.L.Krishnappa with a long and it is alleged that accused Nos.2 to 4 assisted accused No.1 - deceased Seena in murdering B.M.L.Krishnappa. It is further alleged that companions of deceased Seena damaged the Innova car and assaulted some of the witnesses who were with the deceased B.M.L.Krishnappa. Learned Special Public Prosecutor Sri. H.M.Thimmarayappa, has filed a detailed objection in these cases and has opposed the bail applications. It is contended that prima facie case is forth coming with regard to involvement of all these accused in murdering B.M.L.Krishnappa and it is too premature to disbelieve the same. It is further argued that all these petitioners have serious criminal antecedents and if they are let on bail, they are likely to threaten the prosecution witnesses and unlikely to attend the Court on the dates of hearing. It is further argued that if they are let on bail, they are likely to involve in many criminal activities. It is further argued that accused Umesh, Govindaraju and Manjunatha are rowdy sheeters since 2012 and they have serious criminal antecedents.