RAGHVENDRA KANCHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.9 is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.15/2019 for the offences punishable under Sections 143, 147, 148, 447, 341, 323 and 302 read with 149 of IPC.

(2.) The case of the prosecution is that there is a dispute between CW-1 and A1 to A3 who were neighbours insofar as construction was being put up by A1 to A3 and there was an apprehension by CW-1 that the latrine pit put up by A1 to A3 would affect the water in his well. It is stated that in this regard there was animosity between A1 to A3 and CW1. It is further made out in the complaint that on the intervening night of 26.06.2019 and early hours of 27.06.2019, there was an altercation and the case of the prosecution is that A1 to A8 had assaulted the deceased with fatal weapons. It is stated that the deceased succumbed to injuries and died. On the basis of the complaint, FIR is registered. After investigation charge-sheet has been filed.

(3.) Learned counsel for the petitioner contends that admittedly as per the version of the complaint, motive is made out as against A1 to A3. It is further submitted that on a combined reading of the complaint and charge-sheet, overt acts are admittedly attributed only to A1 to A8. It is further submitted that the presence of A9 is a matter that is to be explained during trial and it is contended that the allegations made out against A9 are false.