MANIKANTA @ STATION MANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.5 under Section 439 of Cr.P.C to release him on regular bail in Crime No.68/2018 of Gangammana Gudi Police Station, Bengaluru (S.C.No.1510/2018) for the offences punishable under Sections 302, 120(B), 201 read with Section 149 of IPC.

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

(3.) The gist of the complaint is that on 03.05.2018 at about 11:00.p.m., accused No.1 came in his auto rickshaw bearing Registration No.KA-04-AB- 2068 and directed accused Nos.2 to 5 to come to the said place and all the accused persons came to the place with a common intension to kill the deceased David. Accused No.1 stimulated accused Nos.2 and 3 to kill the deceased-David. Immediately they hit the deceased by long and chopper, separated the head of the deceased from the body. Thereafter, accused No.4 took the head of the deceased-David in his motorcycle and accused No.1 followed accused Nos.4 and 5 by his auto and they brought the head to Kalpavruksha Extension, Dodda Bommasandra, then there they threw the head of the deceased with an intension to destroy the evidence.