VITHAL Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking regular bail in Crime No.13/2016 of Bemalkheda Police Station for the offence punishable under Section 302 of IPC.

(2.) Case of the prosecution in brief is that the complainant - owner of the lorry sent the deceased driver with lorry bearing Reg.No.AP-12-V-7161 on 16.01.2016 for loading the bricks by giving a sum of Rs.5,000/-. On 19.01.2016 at about 3:30 a.m. driver of another lorry informed the complainant over the phone that his lorry had been stopped due to break failure at Chincholi-Bidar Road. Immediately the complainant went to the said place at about 7:00 a.m. and noticed that joint wheel rod of the vehicle was cut and he also noticed that driver of the lorry Hanamanth was laying near the said vehicle in a ditch and a towel has been roped to his neck. Immediately he informed his relatives and lodged a complaint before the police and a case has been registered in Crime No.13/2016. It is further case of the prosecution that during the course of the investigation, on the basis of the tower location they traced the mobile of the deceased and when they went in search, they found the said mobile with one Balabhim. He informed the police that he has purchased the said mobile from his friends. On the basis of his say, they traced accused No.1 and on his voluntary statement, accused No.2 was traced and they have been apprehended. It is further case of the prosecution that during the course of investigation they have also recovered a mobile at the instance of accused No.1 and the same has been seized. During the course of interrogation, accused persons voluntarily confessed that they have assaulted the deceased with a rod and have robbed Rs.4,000/-. In this backdrop accused Nos.1 and 2 are in custody.

(3.) Heard the arguments of the learned counsel for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for respondent-State.