Sri Bharath @ Bhatta vs The State of Karnataka

N. Ananda, J.—The petitioner is arrayed as accused no. 8 in Crime No. 295/2012 pending committal for offences punishable under Sections 143, 147, 148, 302 r/w 149 IPC. Heard learned counsel for petitioner and learned SPP for the State.

As per investigation records, the petitioner and other accused being the members of unlawful assembly are alleged to have committed the murder of one Manikanta (their rival) at about 6.15 p.m., on 20.09.2012 in Kurubarahalli circle within the jurisdiction of Mahalakshmi Layout P.S.

The learned counsel for petitioner referring to statements of CW. 14 and CW. 15 would submit that petitioner was not present at the time of incident.

The learned SPP referring to the statement of one Prabhu would submit that this petitioner and the deceased were at larger heads. They were leading rival groups of local rowdies. As per the statement of Prabhu, the petitioner had assaulted the deceased with a long.

It is not in dispute and cannot be disputed that death of Manikanta was homicidal. He died due to shock and hemorrhage. The investigation records would reveal that petitioner had motive against the deceased, petitioner had dealt fatal blow on the deceased. There is prima-facie case against petitioner.

Having regard to nature of offences and the circumstances under which the offence was committed, if the petitioner is released on bail, he is likely to flee away from justice and likely to tamper with prosecution witnesses. Therefore, the petition is dismissed.