DILIP @ DILLU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by petitioner/accused No.1 under section 439 of the Code of Criminal Procedure, 1973 to release him on bail in Crime No.614 of 2016 of H.S.R. Layout Police Station for the offences punishable under Section 302, 201, 114, 120B read with Section 34 of the Indian Penal Code and also Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.

(3.) The gist of the complaint is that accused Nos.1 to 9 belong to various reserved castes. During the grama panchayat election held during the year 2015, the deceased was instructed to support the candidate of accused Nos.1 and 5. Instead of supporting the candidate of accused Nos.1 and 5, the deceased supported the opponent party belonging to Congress party. As a result of the same, the person, who was standing for the election supported by accused Nos.1 and 5, lost the election and as such, enmity was developed between the deceased and accused Nos.1 and 5. It is further alleged that on 20-9-2016, at about 9:10 a.m., the petitioner along with other accused persons by constituting unlawful assembly assaulted the deceased Manjunath and caused his death. It is further alleged that it is accused No.1, who assaulted with dragger on deceased stomach and thereafter, accused Nos.2 and 3 assaulted the deceased on his head and as a result of the same, the deceased fell down and died on the spot. In that light, a complaint was registered in this behalf.