NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.9367/2018 has been filed by petitioner/accused No.1 under Section 439 of Cr.P.C., Criminal Petition No.9324/2018 has been filed by petitioner/accused No.12 under Section 438 of Cr.P.C. to release them on bail and anticipatory bail respectively in Crime No.134/2018 of Varthur Police Station, for the offences punishable under Sections 143, 144, 147, 148, 341, 302, 120(B) r/w 149 of Indian Penal Code.

(2.) I have heard the learned counsel appearing for the petitioners/accused Nos.1 and 12 and the learned High Court Government Pleader appearing for the respondent- State.

(3.) The brief facts of the case are that, The complainant is second wife of the deceased. She got married with the deceased about ten years ago. The deceased had several cases in Banasavadi police station and he had gone to jail on several occasions. Subsequently, he was released on bail about one year back. About three weeks prior to the incident, there was a quarrel between the deceased and accused No.1 -- Nagaraja. It is alleged that her husband had assaulted accused No.1. Because of the said act, accused No.1 and his associates were grinding axe against the deceased. Accused No.13 was a friend of accused No.1. The deceased and accused No.1 were living in a room in Kolar. The complainant visited the room of her husband in Kolar to meet him. On 17.05.2018 at about 5.00 p.m., the deceased told to the complainant that he is going to see his children of his first wife and accordingly he went along with accused No.13 and one Abhi was also there in a car. At 11.40 p.m., she received a telephone call stating that her husband was murdered near petrol bunk. She immediately rushed to the scene of occurrence and reached there at 2.30 a.m. There she saw the dead body of her husband and several injuries on his face, abdomen, legs and hands. When she asked Abhi, who had accompanied the deceased in a car, she came to know that they were going from Rayasandra towards Kodathi Gate and when they reached Kodathi Gate, accused Nos.1, 3, 4 and 5 came in a Scorpio car and obstructed the car and accused No.13 and other accused on account of previous enmity assaulted him with longs, choppers and knives etc., and committed murder of the deceased. On the basis of which, a case has been registered and charge sheet has also been filed.