SANTOSH SHIVAPPA NAVAKODI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner- accused No.2 under Section 439 of Cr.P.C., to release him on bail in Crime No.459/2018 of Sira Police Station, Tumakuru for the offence punishable under Sections 143, 147, 342, 323, 324, 302, 504 R/w 149 of IPC .

(2.) I have heard the learned counsel for the petitioner-accused No.2 and the learned High Court Government Pleader for respondent-State.

(3.) The gist of the complaint is that on 02.12.2018 the complainant and the deceased joined as drivers. When they were traveling in a tanker lorry bearing Regn.No.KA-22- C-5788 on 10.12.2018, the said lorry was loaded with the motorcycle rims to unload them at Chennai and when they left Pune the said lorry came near Sira at 1.00 a.m. on 11.12.2018, it met with an accident. The same was informed to the owner of the lorry. On 12.12.2018 at about 6.00 a.m., the owner of the lorry along with his friends, i.e., accused Nos.1 to 5 came to the spot and abused the complainant and the deceased in filthy language and accused No.1 assaulted the complainant and the deceased with a club and caused the injuries. It is further alleged that other accused persons have also assaulted the complainant and the deceased. It is further alleged that they went to the Police Station and lodged the complaint and thereafter again the said persons took both the complainant and the deceased to the spot and they abused them in filthy language and assaulted them and they kept them in tanker. On 13.12.2018 all the four persons came to the spot and assaulted the complainant and the deceased. At about 1.00 p.m., they came and opened the door of the tanker. They felt that the complainant and the deceased were tired and immediately they were taken to Government Hospital, Sira for treatment. Due to failure of the treatment the deceased died at 2.15 p.m. On the basis of the complaint, a case has been registered.