NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. to enlarge him on bail in Crime No.134/2018, registered by Varthur Police Station, Bengaluru City for the offences punishable under Sections 143 , 144 , 147 , 148 , 341 , 302 and 120B read with Section 149 of IPC.

(2.) Heard the learned counsel for the petitioner/accused No.1 and learned High Court Government Pleader for the respondent-State.

(3.) The brief facts of the case are that the complainant is second wife of the deceased. She got married with the deceased about ten years ago. The deceased had several cases in Banasavadi Police Station and he had gone to jail on several occasions. Subsequently, he was released on bail about one year back. About three weeks prior to the incident, there was a quarrel between the deceased and accused No.1-Nagaraja. It is alleged that her husband had assaulted accused No.1. Because of the said act, accused No.1 and his associates were having enmity against the deceased. Accused No.13-Ballari was a friend of accused No.1. The deceased and his friends were living in a room in Kolar. The complainant had visited the room of her husband in Kolar to meet him. On 17.05.2018 at about 5.00 p.m., the deceased told to complainant that he was going to see his children from his first wife and accordingly he went along with accused No.13 and one Abhi in a car. At 11.40 p.m., she received a telephone call stating that her husband was murdered near Shell petrol bunk, Kodati Gate. She immediately rushed to the scene of occurrence and reached there at about 2.30 a.m. There she saw the dead body of her husband and there were several injuries on his face, abdomen, legs and hands and etc. When she asked Abhi, who had accompanied the deceased in the car, she came to know that they were going from Rayasandra towards Kodathi Gate and when they reached Kodathi Gate, accused Nos.1, 3, 4 and 5 came in a Scorpio car and obstructed the car and accused No.13 and other accused on account of previous enmity assaulted him with longs, choppers and knives etc., and committed murder of the deceased. On the basis of which, a case has been registered and charge sheet has also been filed.