SRI. VARUAN GOWDA AND ORS. Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.5 under Section 439 of Cr.P.C., seeking his release on bail for the offences punishable under Sections 143, 144, 147, 148, 341, 307, 120(B) read with 149 of IPC, registered in respondent-police station in Crime No.9/2017 and after death of the deceased, as per the requisition of the Investigating Officer, the offence punishable under Section 302 of IPC came to be inserted in this case.

(2.) Brief facts of the prosecution case are that one Somanna S/o Late. Appanna lodged the complaint making allegations that on 12.01.2017, there was a birthday celebration program of one A.C. Srinivas a Congress Leader and that he had attended the said program and he was on his way back in car bearing Reg. No.KA-03-MZ-2250 along with his friends by name Ganesh, Raju and while they were proceeding towards their village near Varthur Kodi, near Thriveni Bakery at about 3.15 p.m., one Rohit, Chandru, Arun Gowda and others attacked them and threw chilli powder on them and assaulted Ganesh and Girish and that the complainant had escaped from the spot, thereafter, they shifted the injured to the Hospital. Further, the allegation is that the above said accused persons had vengeance against them in connection with a murder of brother of Rohit (who is accused No.1 in the case) which took place in the year 2008 in HAL Police Station limits. On the basis of the said complaint, the case came to be registered for the said offences against Rohit, Chandru and Varun Gowda and others.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.5 and also the learned High Court Government Pleader appearing for the respondent-State.