KUSHAL NAIK Vs. STATE, BY HIRIYADKA POLICE STATION

JUDGEMENT

(1.) Petitioners in these petitions are Accused Nos.1 to 4, 6, 7, 14 & 15 in Crime No.41/2018 of Hiriadka Police Station of Udupi District. Petitioners and others were charge sheeted in the said case for the offences punishable under Sections 143, 147, 148, 341, 427, 302 read with 34, 35, 120(B) & 149 of IPC.

(2.) The case of the prosecution is as follows: That petitioners belong to an organization called Bajarang Dal and were opposing cow slaughtering. Deceased Hussainabba was transporting the cows for slaughtering. Therefore, the accused conspired to catch hold of Hussainabba while transporting the cattle and implicate him in the criminal case. In execution of such conspiracy, on 30.05.2018 at 4.00 a.m. near Sinabettu of Perdoor village, accused armed with deadly weapons along with the police intercepted the scorpio vehicle, in which Hussainabba, CWs-3 & 4 were transporting the cattle. On seeing the accused and police, CWs-3 & 4 escaped. Hussainabba was assaulted by the accused and done to death. Accused Nos.8, 9 & 13 police officers, to conceal the evidence of offence, registered Crime No.40/2018 under Sections 8, 9 & 11 of Karnataka Prevention of Cow Slaughter & Cattle Preservation Act, 1964, Sections 11(1)(a) of Prevention of Cruelty to Animals Act, 1960, & Sections 279, 429 & 379 of IPC. Accused Nos.8 to 13 transported the dead body to an isolated place in Sinabettu. Then accused No.8 obtained a complaint from CW-31 and registered UDR case. Thereafter, CW-1 brother of the victim filed complaint alleging that accused No.1 and other volunteers of Bajarang Dal have committed the murder of his brother.

(3.) Accused No.3 apprehending his arrest has filed the petition for anticipatory bail. Earlier bail petitions filed by Accused Nos.2, 4, 6, 7, 14 & 15 were rejected in Crl.P.No.4881/2018 and connected matters, holding that only after filing the charge sheet, the Court can consider whether prima facie materials exist against those accused. It was further held that since investigation is going on, it was not feasible to grant bail to them.