ASHOK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.7 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 , 201 , 109 , 120B read with 34 of IPC , registered in respondent - police station Crime No.142/2016.

(2.) Brief facts of the prosecution case that accused Nos.1 to 12, who are the followers of one Devu @ Devendra and said Devendra was murdered and deceased Krishna @ Benne Krishna was supporting the accused persons, who are responsible for the death of Devu @ Devendra. Petitioner and other accused fearing that the deceased may also attack them, entered into a conspiracy to murder the deceased. Therefore, accused Nos.1 to 5 on 23.12.2016 when the deceased was having Coffee in a highway hotel on the direction of accused No.6, accused Nos.1 to 5 came in a car with deadly weapons, dashed against Honda Activa Scooter, in which the deceased was riding, made to fall on the ground, then it is accused Nos.1 to 5 assaulted with deadly weapon causing grievous injuries. Thereafter, deceased was shifted to hospital and he succumbed to injuries. At the first instance, FIR came to be registered for the offence under Section 302 of IPC against unknown persons, but during the course of investigation, petitioner has been arrayed as accused No.7.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.7 and also the learned High Court Government Pleader appearing for the respondent-State.