JUDGMENT : C.V. Chandrashekara, J. As per the oral request made by the learned counsel for the petitioners, petition in so far as petitioner No. 3 - Sasashivappa and petitioner No. 5 - Shivashankarappa respectively petition is dismissed as not pressed. Petitioner to amend the cause title. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondent - police. 3. Petitioners are accused Nos. 1, 2 and 4 are accused Nos. 7, 12 and 14 respectively in a criminal case bearing Crime No. 142/2015 on the file of Chamarajanagara Rural Police Station. After concluding investigation, charge sheet is filed for the offences punishable under Sections for the offences alleged against this petitioner under Sections 376, 143, 144, 147, 148, 114, 341, 323, 324, 326, 504, 302 of IPC read with Section 149 of IPC. 4. The case on hand relates to the murder of one Shivakumara Swamy at about 7.30 p.m. on 30.10.2015. The allegation against these petitioners and other accused is that they formed an unlawful assembly holding deadly weapons and attacked Shivakumara Swamy and murdered him in Kilagere Village of Chamarajanagara Taluk. 5. Learned Government Pleader has vehemently opposed the bail application on the ground that these petitioners were part of the unlawful assembly formed at that point of time and the assault made on Shivakumara Swamy. Taking into consideration the gravity of the offences and the circumstances under which the alleged incident is said to have taken place, learned Government pleader requests this court to dismiss this petition. 6. Perused the records. 7. First Information came to be lodged by one Mallikarjunappa aged 33 years, a resident of Kilagere village, Chamarajnagar District, at 3.00 a.m. on the early morning of 31.5.2015. From the very first information, lodged by him, it is forthcoming that there was a dispute between Shivanandappa (paternal uncle of the complainant) and Rajashekara Murthy relating to milk dairy affairs. The first informant and his people had canvassed for Smt. Bhadramma who had stood for Panchayat elections. According to him, Rajashekara Murthy and his people did not like this and they had a grudge against him. On the night of 30.5.2015, the first informant, Ravi, Mahendra Kumar alias Girish, Shivakumar Swamy, Gangadhar, Sadananda Swamy, Siddlinga Swamy, Mahadev Swamy and Channamallappa were talking to each other near Basaveshwara Temple in Kilagere village.
According to him, Rajashekara Murthy and his people did not like this and they had a grudge against him. On the night of 30.5.2015, the first informant, Ravi, Mahendra Kumar alias Girish, Shivakumar Swamy, Gangadhar, Sadananda Swamy, Siddlinga Swamy, Mahadev Swamy and Channamallappa were talking to each other near Basaveshwara Temple in Kilagere village. At that time, 1st accused-Rajashekara Murthy, 2nd accused-Nanjundappa, Nagappa, Basavarajappa, Shivamurthy, 6th accused-Kumar, Ankappa, Mallikarjun, Umesh, Manukumar, Shivaprasad, Sadash-ivappa, Mahadev Swamy, Shivashankarappa and Shankarappa came there and formed an unlawful assembly holding choppers, clubs, stones and wooden pieces and committed rioting and 1st accused-Rajashekara Murthy abused all of them stating that they had taken active part in the election and that they would be taught a lesson. 8. When Shivakumar Swamy asked as to why he was abusing them, and when he was going back to his house along with Mahendra kumar alias Girish, Nanjundappa and Nagappa stopped them and threatened that the whole village was divided into two groups because of them. Saying so, Rajashekara Murthy assaulted Mahendrakumar alias Girish on his head with a club; Nanjundappa hit Girish with a chopper and Nagappa hit with a stone. Basavaraju hit Girish with a chopper and Mallikarjuna also hit Girish with a wooden reaper. As a result of the same, Mahendrakumar alias Girish fell down. Shivakumar Swamy was assaulted with a club by Mallikarjuna, with a club by Manukumar and with a chopper by Sadashivappa. Shivashankarappa and Shankarappa hit Shivakumar Swamy with wooden reapers on different parts of the body. Mahadev Swamy trampled upon Shivakumar Swamy on his neck. When the first informant tried to intervene and save them, Ramesh assaulted the first informant with a club and Gangadhar, Ravi, Channamallappa, Siddaling Swamy, Sadananda Swamy were also assaulted by Lokesh, Bellappa and Shivananjappa and Shivananjappa and the others were exhorting them. 9. As a result of the severe injuries sustained by Mahendrakumar alias Girish and Shivakumar Swamy, all of them were taken in an ambulance to Gundlupet and Chamaraja nagar, but they died by the time they reached the hospital. After keeping the dead bodies in the mortuary, the first informant lodged a report to the police on the basis of which a case came to be registered in Crime No. 142/15. 10.
After keeping the dead bodies in the mortuary, the first informant lodged a report to the police on the basis of which a case came to be registered in Crime No. 142/15. 10. It is argued by the learned counsel for the petitioners that the investigation is completed and charge-sheet is filed no prima facie case is forthcoming in regard to the participation of these petitioners. On going through the first information report, charge-sheet and the statements of the material witnesses recorded, no serious overt acts are attributed to accused No. 7 who is petitioner No. 1 either in regard the assault or in regard to the exhortation. The allegation against accused No. 10 who is petitioner No. 2 is that he assaulted with a wooden club on the knee of the deceased. The allegation against accused No. 13 who is petitioner No. 4 is that after the accused assaulted the deceased, he trampled upon the deceased with his leg. Anyhow main allegation is against accused Nos. 1, 12, 14 and 15. The present petitioners are agriculturists and have roots in the community. Similarly placed accused Nos. 6 and 9 have been granted bail by this Court in Cri.P.No. 5683/2015 on 18.11.2015. They have undertaken to obey any conditions which may be imposed on them. Thus the apprehension of the learned Government Pleader would be suitably met by imposing proper conditions. Thus the bail application is allowed in part rejecting the bail application of petitioner Nos. 3 and 5. Hence the I following: - ORDER 1. The petitioners 1, 2 and 4 are ordered to be released on bail on each of them executing a personal bond for a sum of Rs. 1,00,000/-(One Lakh Rupees Only) with one surety each for the like sum to the satisfaction of the concerned Court. 2. They shall mark their attendance once in a week on every Sunday between 9.00 a.m. to 5.00 p.m. before the jurisdictional police station without fail till the disposal of this case. 3. They shall not hold out threats to the prosecution witnesses in any manner and shall not involve themselves in any criminal activities. 4. They shall attend the concerned court on all the dates of hearing without fail. 5. If there is violation of any one of the bail conditions, prosecution is at liberty to seek cancellation of the bail from the concerned Sessions Court. Order accordingly.