ANIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Code of Criminal Procedure, 1973 (for short, 'CrPC') for grant of regular bail in Crime no.180/2023 by Harugeri Police Station for offences punishable under Ss. 120B, 364, 302 and 201 read with Sec. 34 of Indian Penal Code, 1860 (for short, 'IPC') by accused nos.2 and 3 (petitioners).

(2.) Sri MJ Peerjade, learned counsel for petitioners submitted prosecution case was, on 18/8/2023, Smt.Khairon Jamadar (complainant) filed complaint stating that she was residing with her husband and children at Harugeri Vadaki Thot. That Mahantesh Somning Poojari was her son Akbar's friend. About 8 days earlier, Mahantesh had threatened to kill Akbar if he did not repay his mobile and money. But after some time, they went away together. She further stated that on previous day 17/8/2023 at about 5:00 p.m., Akbar informed her and went to Harugeri. He did not return even at 10:00 p.m., and she was unable to contact him over mobile phone. At 4:00 a.m. on 18/8/2023, Babu Nidoni came home and informed her that at 10:30 p.m., Mahantesh Poojary had killed Akbar by chopping Akbar's head off in jungle near Bastwad ' Birnal road. She went there with her husband and son at 6:30 a.m. and found Akbar's headless dead body. His severed head was not found nearby. Alleging that Mahantesh Poojary had killed Akbar (victim) for his failure to repay amount and mobile, complaint was filed. Same was registered as Crime no.180/2023 (supra).

(3.) It was submitted, though name of petitioners was not mentioned in complaint filed by victim's mother, petitioners i.e. Anil son of Yamanappa Sanadi (accused no.2) and Anil son of Hanmant Sanadi (accused no.3) were arrested on 5/9/2023, without any justification. It was submitted, they were law abiding citizens without any criminal antecedents and permanent residents with families, who were dependent on them. It was submitted, there were no allegations of previous enmity with victim and they were falsely implicated.