LOKESH N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ORDER 1.The petitioner (accused -1) along with the co- accused is charge sheeted by the respondent police for the offence punishable under Sections 302 and 201 of IPC.

(2.) The allegation is the deceased Srinath questioned the legality of the construction put up by this petitioner, that made the petitioner to determine to finish him off. On 29.12.2016 he invited the deceased to his construction site and offered alcohol. He assaulted the deceased with a wooden piece. Accused Nos. 2 and 3 assaulted the deceased on his forehead and lips, cheek and front of the neck with wooden piece. Accused No.4, a mason in the construction site was made to clean the blood stain from the spot and move the body to the vehicle belonging to second accused and disposed off the same in the Kavery river.

(3.) Sri. Hashmath Pasha, learned counsel for the petitioner submits that initially the accused was prosecuted on the basis of the circumstantial evidence. Suddenly, in the month of March the Investigation Officer recorded the statement of four eye witnesses and their statements are in unnatural and artificial tone. Accused Nos. 2 and 3 who are also said to be the offenders are enlarged on bail by this Court under Criminal Petition No. 4113/2017. Hence, the same benefit may be accorded.