KISHAN HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.31/2018 for the offences punishable under Sections 143, 147, 148, 341, 302, 149 and 120B of IPC.

(2.) The case that is made out by prosecution is that a case has been registered by the respondent - Police for the alleged offences referred to above, initially as against five unknown persons based on the complaint filed by informant. It is stated that accused No.1 is stated to have borrowed hand loan of Rs.2,00,000/- from deceased - Naveen D' Souza and it is stated that accused No.1 was under the apprehension that deceased would do away with him for not repaying the borrowed hand loan. The complainant has further submitted that the petitioner along with other accused is said to have conspired with a common object and on 28.02.2018, they came in a car in the night hours near Gloriya Bar and Restaurant and dashed against the motor cycle on which the deceased was traveling.

(3.) It is stated that apart from deceased, C.Ws. 2 and 3 were traveling in the motor cycle and they all fell down in collision. It is further alleged that accused have assaulted the deceased with chopper and inflicted injuries resulting in the deceased succumbing to injuries. It is stated that the accused fled away subsequently. During the investigation, on the basis of the statement of accused No.3 who was arrested on 08.03.2018 and on the basis of the statements of C.Ws. 2 and 3 stated to have recorded on 01.03.2018, charge sheet has been filed as against the accused.