PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.7 is seeking to be enlarged on bail in the event of his arrest in Crime No.217/2018 for the offences punishable under Sections 120-B, 143, 147, 148, 448, 307, 302 read with Section 149 of IPC.

(2.) The case of the prosecution is that the complainant, who is the wife of deceased had lodged a complaint against the petitioner and other accused alleging the commission of offences as aforestated. It is the case of the prosecution that the house of accused No.1 was demolished pursuant to the complaint by the deceased. In order to protect the remaining property, it is alleged that accused Nos.1 to 8 formed themselves into an unlawful assembly with an intention to do away with the deceased. On 14.10.2018 the accused called the deceased stating that they would settle the dispute. It is stated that the accused have assaulted the deceased and the deceased has succumbed to the injuries and died.

(3.) Learned counsel for the petitioner states that the investigation is complete and charge sheet has been filed. That the overt acts as regards inflicting injury which has resulted in death of deceased is attributed to accused Nos.1 to 4. It is further stated that the only imputation made against the petitioner is that he has conspired with the other accused to do away with the deceased. It is submitted that the proof of offence is a matter for trial and in light of the charge sheet being filed, the petitioner is entitled to be enlarged on bail.