MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner accused No.7 challenging the order dated 01.12.2018 passed by the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in S.C. No.93/2017 rejecting the application filed under Section 227 of Cr.P.C. for discharge.

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

(3.) The facts leading to the case are that on 01.04.2016 at about 9.45 p.m., a case has been registered alleging that the deceased Krishnamurthy @ Appi is the younger brother of the husband of the complainant's father's sister and was taking care of the business and finances of the complainant's deceased brother's wife. He was also looking after the business pertaining to the JCBs. The wife of the complainant and her daughter were fully dependent on him. It is further alleged that the deceased Krishnamurthy wanted to take over the said JCB business and also inherit other properties belonging to the deceased brother of the complainant and was also intended to marry Kavya. When he approached accused No.1, asking to marry her daughter Kavya, she refused. Therefore, the deceased Krishnamurthy began to harass accused No.1 and her daughter by stopping and spoiling all good marriage proposals and alliances that came to her. It is further alleged that being aggrieved by such behavior of deceased Krishnamurthy, accused No.1 decided to eliminate the said Krishnamurthy. Therefore, he approached accused No.2 and gave him a cash to take away the life of deceased Krishnamurthy. On 01.04.2016 at about 7.30 p.m., when CWs.2, 3 and 4 were in the construction site and were supervising the construction works, they heard screaming voice from around Manu hotel, which is at a distance of about 80 feet from the said constriction site. Assuming that the screams are from a fight between few drunken persons and they ignored the same. On repeated screams, when they visited the said place, they witnessed four persons involved in a fight with another person and out of which, one man was standing near the car, while another man was holding the victim. They further witnessed the third man assaulting the victim with a long and fourth man was stabbing the victim with a knife and also threatened the said witnesses and they fled away from that place. Thereafter CWs.2 to 4 went back to the spot where the incident took place there, they realized that the man/victim, who was assaulted, is none other than the relative of the complainant i.e, the deceased Krishnamurthy. Immediately, CW.2 allegedly called for a car and took the injured Krishnamurthy to the hospital that there they declared him as dead. On the basis of the complaint, a case has been registered.