SHRI. KUMAR @ SHIVARAJKUMAR AND OTHERS Vs. THE STATE OF KARNATAKA THROUGH MURGOD POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the materials placed before this Court.

(2.) The present petitioners/accused Nos. 2 and 3 have filed this petition under Section 439 Cr.P.C., 1973 seeking their enlargement on bail in Crime No. 77/2017 of respondent Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 109, 302, 201 R/w. Section 149 of the IPC.

(3.) The summary of the case of the prosecution is that, the deceased Shivaraj M. Vakkund was in love with Basamma, the daughter of accused No. 3. However, accused No. 3 wanted to give her in marriage to accused No. 2. Hence, suspecting that the deceased was coming in the way of the marriage of his daughter with accused No. 2, all the accused persons are said to have entered into an conspiracy to eradicate the deceased. With this end in view, on 12.03.2017, accused No. 1 brought the deceased on his motorcycle bearing No. KA-204/S-5108 near Kuternatti Gudda and when the deceased got down from the motorcycle, accused Nos. 2 to 5 attacked the deceased. It is alleged that accused No. 3 assaulted the deceased with club on the back of his head. Accused No. 2 assaulted him with a rope and strangulated the neck of the deceased and felled him on the ground. Accused No. 4 assaulted on the left side of his abdomen with a knife and accused Nos. 3 to 5 assaulted the deceased on his face, head, chest and back and other parts of the body. Thereafter, the aforesaid accused along with accused Nos. 6 and 7 threw the dead body in a ditch near the pool.