P.H. Ramesh@ Travels Ramesh vs State of Karnataka

N. Ananda, J.—The Petitioner is arrayed as accused No. 2 in Crime No. 15/2010 registered for offences punishable under Sections 143, 302, 201 r/w. 34 of IPC. He is seeking bail.

Heard learned Counsel for Petitioner and learned Government Pleader for the State and I have been taken through investigation records.

The investigation records would reveal that deceased Nagbhushan @ Dabba had been assaulted by first accused, sometime prior to 6.2.2010. A friend of deceased by name, Suresh had bdged a complaint and a crime was registered. Deceased had also taken the police to the place of accused No. 2 in search of accused No. 1 and others.

Accused No. 1 was pressurizing deceased to withdraw the case filed against him for which deceased was not agreeable. The Petitioner had assisted accused No. 1 to bring deceased to compromise terms. They were not successful. Ultimately, deceased was taken to the office of an advocate and he was made to sign certain papers on the assurance that some money will be paid to him. On 6.2.2010, Petitioner and other accused contacted deceased and asked him to meet in certain place for receiving money. When deceased came there, he was assaulted by first accused and others. He fell unconscious. Later, he was shifted in an auto rickshaw and thereafter, in an ambulance van driven by accused No. 5. Ultimately, the dead body of deceased was found in a graveyard near Ramnagar.

The Post Mortem Examination Report reveals that deceased suffered injuries to his head and fractures of skull bones. The cause of death is shown as due to shock and hemorrhage, as a result of injuries to brain. The statements of Madhu Kumar and Suresh would reveal that deceased was taken in an auto rickshaw by accused No. 1 and others. The statement of Anil would reveal that deceased was found in a ambulance van near Kanakapura road and Petitioner and other accused were in that ambulance. Later, deceased was never seen alive. However. his dead body was found in a graveyard near Ramnagar. Thus, at this Petitioner had assaulted deceased and the deceased was last seen alive in the company of Petitioner and other accused.

The learned Counsel for Petitioner would submit that Petitioner did not have intention to commit the murder of deceased. He is alleged to have fisted deceased.

The prosecution has invoked Section 149 of IPC. The investigation records would reveal that Petitioner all along was a member of unlawful assembly, the object of which was to commit the murder of deceased. The Post Mortem Examination Report would reveal that death of deceased was homicidal. The Petitioner and other accused had also attempted to cause disappearance of deceased by throwing dead body in a graveyard near Ramnagar.

In view of the existence of prima facie case against Petitioner, he cannot be released on bait, Accordingly, petition is dismissed.