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Judgment
21 paragraphs · 358 wordsK.S. Mudagal, J
Farhatabad police have charge sheeted the petitioner in Crime No.146/2019 for the offences punishable under 143, 147, 148, 427, 120B, 109, 307
and 302 read with Section 149 of IPC, Section 3(1)(r), 3(2)(v) of the Scheduled Caste and the Scheduled Tribe (Prevention Of Atrocities) Act and
Section 25 of the Arms Act on the basis of complaint of one Mahantappa.
It is alleged that due to political rivalry and previous ill-will, the petitioner along with other accused conspired to commit murder of Shivalingappa
Bhavikatti, the brother of the complainant. In execution of such conspiracy, on 04.11.2019, between 8.30 p.m. to 9.30 p.m., when complainant and
Shivalingappa were traveling in their car bearing No.KA-32-N-7443, accused Nos.2 to 6, 9 and 11 intercepted them in car No.KA-32-N-9213 and hit
the victim’s vehicle. It is further alleged that when the vehicle of the deceased fell on the road side, accused Nos.2 to 6 and 9 assaulted the
deceased with deadly weapons and committed his murder.
As per the charge sheet records itself, the petitioner was not actual assailant. It is alleged that he engaged accused Nos.2 to 6, 9 and 11 to commit
the murder and he was the master mind. Statement of CW.34 seems to be the only material in support of conspiracy theory.
CW.1 who implicated the petitioner himself gives inconsistent further statement regarding the petitioner. Under the circumstances, it may not be just
to subject the petitioner for pre-trial conviction and sentence. Therefore, the petition is allowed.
The petitioner is granted bail in Crime No.146/2019 of Farhatabad police station, Kalaburagi, subject to the following conditions:
(i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties in the like sum to the satisfaction of the
trial Court.
(ii) Petitioner shall appear before the Court as and when required for the trial.
(iii) Petitioner shall not tamper the prosecution witnesses in any manner.
(iv) Petitioner shall not indulge in any criminal activities. &
(v) Petitioner shall not visit Jewargi Taluk till charges are framed.
Registry shall communicate operative portion of the order to the jurisdictional Court.