SANTOSH AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE University police have laid a charge sheet in C.C. No. 58/2015 against some of the accused persons.

(2.) THE petitioners in Criminal Petition No. 200275/2015 are arrayed as accused Nos. 4 & 5 respectively and petitioner in Criminal Petition No. 200276/2015 Siddu is arrayed as accused No. 6.

(3.) ON 06 -10 -2014 they recorded the statement of an eyewitness Mareppa, he has categorically stated that on the date of incident on 29 -09 -2014 when himself and deceased Suresh were proceeding on the motor cycle, at that time accused persons came there in two motor cycles and in fact all the accused persons have intercepted the way of the eyewitness and the deceased Suresh and particularly it is alleged that accused No. 4 Santosh and accused No. 6 Siddu have assaulted the deceased with stones on his head and face and one Basavaraj has cut the throat of deceased Suresh due to which deceased died on the spot itself in fact the accused persons did not stop there, particularly the accused No. 4 Santosh took this witness alongwith him and all of them went towards Humnabad - Ring road and there they left this witness by giving threat, that if he disclose the incident to anybody he would also be killed. On this ground, he could not be able to divulge the above said fact to anybody, but it appears after coming to know that this witness was eyewitness to the incident, the police must have subsequently recorded the statement of the said witness. He has also stated that Saibanna must have provoked the other accused to do away with the life of the deceased.