MR.SHARAN POOJARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned State Public Prosecutor for the respondent-Police.

(2.) Perused the entire charge-sheet papers. The charge- sheet reveal that, on 2.11.2015, accused Nos.1 to 5 in the criminal case in SC No.55/2016 arising out of Cr.No.92/2015 of Barke Police, Mangaluru, have formed into an unlawful assembly in Mangaluru District Prison with an intention to do away with the life of another under-trial prisoner namely, Madoor Yusuf. It is the allegation that accused Nos.1 to 5 have conspired with accused No.6- petitioner and accused No.11 and as per the directions of accused Nos.6 and 11, accused Nos.7, 8 and 9 have supplied weapons to accused Nos.1 to 5 in the prison. On 02.11.2015, at about 7.45 a.m. in the early hours of the day, accused Nos.1 to 5 have attacked Madoor Yusuf inside the jail and mercilessly assaulted him with daggers and other weapons and committed murder of the said Madoor Yusuf.

(3.) On perusal of the charge-sheet papers, it is the allegation against this petitioner that he has been having close contact with accused No.11 and accused No.11 was giving instructions to accused Nos.1 to 5 and 6 to do away with the life of the said Madoor Yusuf. On a careful perusal of the charge-sheet papers, it is further seen that the Police have recorded voluntary statements of accused Nos.1 to 5 and 7 to 9.