PRADEEP Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has sought for quashing of the proceedings in Special Case No. 12/2013 pending on the file of the II Additional Sessions Judge/Special Judge Vijaypur, for the offences punishable under Sections 143, 147, 148, 120(B), 302, 506 r/w 149 of IPC along with Section 25 and 27 of Indian Arms Act and also under Section 3(ii)(v) of SC/ST Prevention of Atrocities Act.

(2.) I have heard the arguments of the learned counsel for the petitioner and also the learned High Court Government Pleader for the respondent -State.

(3.) LOOKING to the above said facts and circumstances, it is alleged that, on 11.06.2008 at about 1.00 p.m. the said Parashuram Kamble and Raju Melinakeri were proceeding near Sindagi -Almel PWD Road, at a distance of one kilometer towards the South from Kallahalli, near UKP lateral pool, the petitioner herein and accused No. 12 came following them near the said place and accused No. 6 -Raviraj Reddy and accused No. 10 -Peersab have prevented the said Parashuram Kamble and Raju Melinakeri from proceeding and wrongfully restrained them across the road. Accused No. 13 -Parasaram was ready to hit them with the stick and other accused persons were ready with arms and in fact the accused No. 8 fired a bullet from his pistol to Raju Melinakeri and he fell down. When the pillion rider Parashuram Kamble was got up started running, but accused Nos. 7, 8, 9 and 12 instigated accused Nos. 1 to 3 to secure the Parashuram Kamble and commit his murder. Accordingly, accused Nos. 1 to 3 by name Sanjay, Basappa and Bhimanna have chased the Parashuram Kamble and accused No. 7 snatched a pistol from the hands of accused No. 8 and fired a bullet from the pistol to Raju Melinakeri and accused No. 9 also fired a bullet from his pistol on the body of Raju Melinakeri. Accused Nos. 1 to 3, in fact have caused so many injuries to Parashuram Kamble and caused the death of both Parashuram Kamble and Raju Melinakeri. On these allegations the police after due investigation submitted the charge sheet.