NAGARAJU S.S. Vs. STATE BY PEENYA POLICE

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.3 under section 439 of Cr.P.C., 1973 to release him on bail for the offence punishable under Section 302 read with 34 of IPC in Crime No.99/2018 of Peenya Police Station, Bengaluru.

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

(3.) The brief facts of the case as per the complaint are that on 25.02.2018 at about 7.00 p.m. when the complainant was there in her house along with the deceased husband, at that time Kariyanna came to the house of the complainant and took the deceased Santhosh along with him to Madhu Wine Store and her husband did not return to the house in the night. Thereafter, the complainant made an enquiry with Kariyanna about non-arrival of her husband and he told that he has already sent the deceased Santhosh to his house and told that when himself and Kariyanna were in Madhu Wine Store and one Ranga of Doddabidarakallu came to the said wine store and told the cashier that he has quarreled with Meena Wine Store and he had scarcity of Rs. 20/- to purchase liquor and asked him to give liquor. At that time, the deceased Santhosh questioned Ranga why that he has disclosed the incident that had taken place at Meena Wine Store and in that light, he picked up a quarrel and the accused No.1 called his companions and threatened the deceased Santhosh and the cashier of the Madhu Wine Store sent all of them out by saying not to quarrel there. Thereafter, Kariyanna pacified the quarrel and took the deceased Santhosh with him and sent to his house and the deceased Santhosh also told that he would go to his house. Further it is stated that thereafter the accused Ranga, Naresh and the petitioner-accused No.3 Nagaraj took the deceased Santhosh by motorcycle to Doddabidarakallu, Andanappa Layout near a newly constructed shed. There accused No.1 threatened the deceased and picked up a quarrel there and immediately strangulated the deceased, at that time accused Nos. 2 and 3 held the deceased Santhosh tightly and knocked him down, then the accused No.1 took a stone which was lying there and put on the head of the deceased, again accused No.1 took another stone and put on the head of the deceased and also accused Nos. 2 and 3 put stones on the head of the deceased with an intention to kill the deceased. On the basis of the complaint, a case was registered.