PAVANKUMAR N. @ PSYCHO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.6 under section 439 of Cr.P.C., 1973 to release him on bail for the offences punishable under Sections 143, 144, 148, 364, 120(B), 201, 302 r/w 149 of IPC in Crime No.196/2017 of Gangamma Gudi Police Station, Abbigere, Bengaluru.

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

(3.) The case of the prosecution is that accused Nos.1 to 11 were friends. About two weeks earlier to the incident, there was a quarrel between deceased Ajay Kumar and accused No.1 and as a sequel thereto, accused Nos.1 to 11 are alleged to have formed into an unlawful assembly with the common object of committing the murder of the deceased and in furtherance thereof, on 14.11.2017, at 9.30 a.m., deceased was taken from his house towards Air force gate by accused Nos.1 and 2 in their motorcycles and at about 11.00 a.m., when they reached near eucalyptus groove, accused No.3 caught hold of the deceased and the other accused persons assaulted the deceased. Thereafter, on the suggestion of accused Nos.8 and 11, they carried the deceased on the motor cycle to a shed belonging to one Muthuraj and on the way, deceased was once again assaulted with hands. At about 7.30 p.m., accused having found the deceased dead, accused Nos.1, 2, 3, 4, 5, 6 and 7 carried the dead body and kept it on a railway track. The dead body was found in mutilated condition by the railway authorities. A case was registered in the Railway Police Station. The father of the deceased identified the dead body. Based on this identification, the case paper were transferred to Gangammanagudi police station. The investigation was taken up, which culminated in the chare sheet against 11 accused persons. Among them, accused No.1 being a juvenile offender, he has been tried before the juvenile justice board.