MUNIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.866/2019 and Crl.P.No.1548/2019 are taken up together and disposed of by this common order, as the proceedings relate to Crime No.222/2018.

(2.) The petitioners (accused No.5 in Crl.P.No.866/2019 and accused No.3 in Crl.P.No.1548/2019) are seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Crime No.222/2018 for the offences punishable under Sections 302, 143, 144, 147, 148, 149 read with Section 34 of IPC.

(3.) The case of the prosecution is that on 21.08.2018 at about 9.45 p.m., the deceased alongwith CW2 was near the Tea stall, at that time, the accused No.1 was having tea near the shop. As deceased is stated to have passed certain comments as regards accused No.1, at that instant, the accused No.1 noticed the other accused coming in an autorickshaw in the same direction alongwith the petitioners. The accused No.1 is said to have called upon the other accused to assault the deceased and it is stated that when the deceased tried to escape from the spot, the accused Nos.1, 3, 4 and 5 chased the deceased and accused No.2 is stated to have stabbed the deceased. It is stated that deceased succumbed to injuries and died. The post mortem report reveals that death is due to shock and hemorrhage as a result of stab wounds sustained to the abdomen. The investigation is complete and charge sheet has been filed.