BHARATH RAJ @ BHARATH KUMDEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are accused Nos.1 and 3 in S.C. No.195/2017 on the file of the Principal Sessions Court, D.K., Mangaluru. Bantwala Town Police have charge sheeted the petitioners and seven others for the offences punishable under Sections 143, 147, 148, 447, 448, 302, 120B and 201 r/w Section 149 of IPC.

(2.) It is alleged that CW.26 was involved in the cases of murders of one Rajesh Poojari and Santu @ Candle Santu. It is further alleged that the accused were labouring under the impression that Mohammed Ashraff, the younger brother of CW.26 was financially supporting the murderers of Santu and Rajesh Poojari and therefore they conspired to commit his murder. It is alleged that in execution of such conspiracy on 21.6.2017 at 11 a.m. in Kallige village when Mohammed Ashraff was proceeding in his autorickshaw bearing No.KA 19 AB 388 the accused forming themselves into an unlawful assembly armed with talwars, daggers, knives accosted him, assaulted him with the said weapons and caused his death.

(3.) The learned counsel for the petitioners submits that initially the complaint was filed against six unknown persons and later CWs.1 to 3 are projected as eye witnesses. He further submits that CWs.1 and 2 as per their own statements did not identify the petitioners during test identification parade and for CW.3 no test identification parade was conducted for identifying accused. He further submits that there is no prima facie material against the petitioners and they are in judicial custody since more than one year and trial has not yet begun.