KOUSHIK K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.2 to 7 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 143, 147, 148, 302, 307 read with 149 of IPC , registered in respondent police station Crime No.143/2017.

(2.) The case of the prosecution in brief as per the complaint averments that the complainant and deceased were friends. On 12.06.2017 at about 6.00 a.m., when the complainant was sleeping, Paneesh called him over the phone and asked him to join for walk. Accordingly, the complainant left the house and came near Maruthi Traders Shop and he was waiting. Paneesh was also coming towards the complainant. At that time, a person by name Gym Shivu passed in front of them in his Scorpio car looking at them and went towards his house. The complainant and deceased were walking towards Savi Choultry, after finishing their walk they were sitting on the stairs of the choultry and both of them were smoking Beedi. Afterwards, they kept their mobile phones and chappals on the stairs, both of them went towards the tank to answer the nature call. At about 6.45 a.m., when they were going towards the place where they left their chappals and mobiles, about 5-6 people, armed with longs tried to attack them. On seeing the assailants, both of them started running away, about 4-5 persons chased Paneesh in front of Akshaya Savi Choultry and assaulted him with longs, one among them started to chase the complainant and he threw chilli powder and tried to assault him with long. When the complainant tried to escape, he suffered injury on his right elbow and the complainant escaped and ran towards Maganur. In the meantime, they attacked Paneesh with longs and assaulted over his head and neck. Consequently, Paneesh fell down. Immediately, all the assailants ran towards Sultan road and got into the Scorpio car belonged to accused No.1 Shivu and went towards Mandya. The complainant ran towards Paneesh, he was lying in a pool of blood, he had suffered injury over forehead, neck, right hand and other parts of the body and breathed his last. On the basis of the said complaint, case came to be registered against Shivu and 5 to 6 other persons as per the FIR and during the course of investigation, the present petitioners have been arrayed as accused Nos.2 to 7.

(3.) Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.2 to 7 and also the learned High Court Government Pleader appearing for the respondent-State.