(1.) This petition is filed under Sec. 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.63/2022 registered by Gowribidanur Rural Police Station, Chickballapura District, for the offence punishable under Sec. 306 of IPC.
(2.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
(3.) The factual matrix of the case of the prosecution is that the complainant is the brother of the victim and in the complaint he states that when he as usual went to coolie work and when he came back at 8.30 p.m., there was a quarrel near the payal, wherein he found his brother/victim, the petitioners herein and also other accused persons except accused No.6 and all of them were assaulting him. Accused No.4 assaulted with club, accused No.2 assaulted with stone, accused No.3 caused bite injuries on the shoulder and accused No.5 also caused bite injuries. Accused No.6 was not at the spot and quarrel was taken place with regard to the victim having illicit relationship with accused No.6. In the complaint, an allegation is made that the victim was having illicit relationship with accused No.6 and the said fact had come to light of all the villagers and they also advised him not to continue the same. The petitioners were having ill-will against his brother and assaulted with stone, club and also with their hands. The victim committed suicide on account of humiliation meted out to him by these petitioners and other accused persons and body was found at 6.30 a.m. and it was found hanging. Based on the complaint, the police have registered the case and investigated the matter.