SHANKARA @ SHAMBU Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking for bail in Special Case No.283 of 2015 (arising out of Crime No.100 of 2015) on the file of the respondent Police Station for the offences punishable under Sections 143, 147, 148, 120B, 341, 302 read with Section 149 of I.P.C. and Section 3(2)(5) of the SC/ST (Prevention of Attrocities) Act, 1989.

(2.) On the basis of the complaint lodged by One Shankaranarayana, Head Constable No.135, a case was registered against accused and others. It is alleged that the petitioner and other accused had hatched conspiracy to eliminate Manjunath with a common intention to kill him. The petitioner is accused No.5. The accused Nos.1 to 3 and 7 had assaulted the deceased with long and chopper. However, the allegation against accused No.5 is that he did not allow the public to go near the place of the offence and thus enabled the accused Nos.1 to 3 and 7 to assault the deceased. Some of the accused in the case, i.e., accused Nos.8 and 10 to 13 filed Criminal Petition Nos.8346/2015, 8365/2015, 8640/2015 and 8801/2015 under Section 439 of Cr.P.C. and obtained bail. The petitioner is also similarly placed and he has not involved in the offences alleged against him. The allegation is that the petitioner did not allow the public to go near the place of the offence. The main allegation is against accused Nos.1 to 3 and 7. The petitioner is a law abiding citizen; he is in judicial custody from 15 -7 -2015.

(3.) The learned High Court Government Pleader appearing for the respondent - State vehemently opposed for grant of bail contending that with an intention to eliminate Manjunath, an unlawful assembly was formed and murdered Manjunath on 15 -6 -2015. The petitioner has also a role in the said incident. Hence, he is not entitled for the bail and sought for dismissal of the petition.