SRI JEROLD AROGYARAJ Vs. STATE BY KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.4 under section 439 of Cr.P.C., 1973 praying to release him on bail for the offences punishable under Sections 143, 144, 147, 148, 341, 302 read with Section 149 of Indian Penal Code in Crime No.378/2017 of Ashoknagar Police Station, Bengaluru [S.C.No.593/2018 on the file of LVII Addl. City Civil and Sessions Judge (CCH-59), Bengaluru].

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

(3.) The brief facts of the case of Prosecution are that the accused persons were having enmity with deceased Harish and in that light, on 01.10.2017 at about 1.00 a.m., they came near the house of Harish and accused Nos.1 to 8 along with juvenile offenders formed themselves into an unlawful assembly and by holding deadly weapons stopped the deceased Harish near his house and by wrongfully restraining him, accused No.1 assaulted the deceased with a long on his left ear and accused No.6 stabbed the deceased with knife on his back and other accused persons caught hold of the deceased and dashed his head to the wall and window and thereafter when the deceased fell down, they kicked him and accused Nos.2 to 7 again assaulted the deceased with stones on the back of his head and caused his death.