V MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since these two petitions are in respect of same crime number and since common questions of law and facts are involved in these two petitions, they are taken up together to dispose of them by this common order.

(2.) Both these petitions are filed by the petitioners/accused under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 143 , 144 , 147 , 148 , 450 , 427 , 302 120B read with Section 149 of IPC, registered in respondent - police station Crime No.485/2016.

(3.) Brief facts of the prosecution case as per the complaint averments that the wife of the deceased lodged the complaint in this case, wherein it is stated that on the intervening night on 10.09.2016 and 11.09.2016 at 2.45a.m., some five persons barged into the house of the complainant i.e., to the room where she and deceased were sleeping. Four persons carried deadly weapons like long and machu and one person carried the torch. They assaulted the deceased on his head, neck and other parts of the body, due to which he succumbed to injuries and died on the spot. The complainant suspects that the act might be the handy work of one Bellary Shiva and his henchmen as there was enmity between Bellary Shiva and the deceased and for the purpose of achieving the object, the deceased has been done to death. On the basis of the said complaint, case came to be registered firstly against Bellary Shiva and others, during the course of investigation the petitioners came to be arrested by the Police.