KARIYAPPA Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner/ accused No.4 under Section 439 of Cr.P.C. to release him on bail in Crime No.97/2018 of Kodihalli Police Station for the offences punishable under Sections 120(B), 143, 147, 148, 506(B), 302 r/w 149 of Indian Penal Code.

(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 brief facts of the prosecution case are that the deceased and wife of accused No.1 eloped from the house and after one week they came back. As the reputation of the family of accused No.1 was disreputed, accused Nos.1 to 8 conspired together and decided to take away the life of the deceased Nanjaiah. On 09/06/2018 at about 7.00 p.m., accused persons dragged the deceased from his house. Accused Nos.1 to 4 lifted the deceased and took him to nearby Kabbalamma temple. Accused No.1 assaulted on his back and made him to fall on the ground, accused Nos.5 and 6 provoked to break his legs, accused Nos.7 and 8 abused him in filthy language. At that time, accused No.1 held the hands and legs of the deceased and squeezed his hands and legs, accused Nos.2 and 3 held him without giving him an opportunity to escape, accused No.2 assaulted the deceased with an iron rod on his leg severely. Accused Nos.7 and 8 have also beaten the deceased and went away from that place. Thereafter, the injured/victim was taken to Kanakapura Government Hospital for First Aid and thereafter to Victoria Hospital on 11/06/2018, where he succumbed to the injuries. On the basis of the complaint, a case has been registered against accused persons for the offence punishable under Sections 120(B), 143, 147, 148, 506(B), 302 read with 149 of Indian Penal Code.