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Judgment
N. Ananda, J.—The petitioners are arrayed as accused Nos. 2, 3 and 4 in S.C. No. 21/2013 pending trial for offences punishable under Sections 302, 34 of the Indian Penal Code and Sections 3, 5, 27 of Arms Act. Heard learned counsel for petitioners and learned Government Advocate for State.
The investigation record would reveal that C.W.4-Lohith was harassing maternal niece of accused No. 1 viz., Ajjegowda (since deceased) and C.W.4 had sought for memory card from her. Therefore, she had complained to accused No. 1 Ajjegowda. Accused No. 1 armed with double barrel gun along with these petitioners had gone to the house of Lohith and said Lohith was not available. At that time, deceased persons viz., Ramashetty (Lohith''s father) and Sudha (Lohith''s aunt) came and questioned accused No. 1. He shot them dead. Thereafter, family members of Ramashetty assaulted and killed accused No. 1 at the spot.
These petitioners are arrayed as accused invoking Section 34 of Indian Penal Code.
As could be gathered from investigation records, the common intention of accused Nos. 1 to 4 was to assault/kill C.W.4-Lohith and he was not available near the place of incident. The accused No. 1 quarreled with he family members of C.W.4-Lohith and shot dead two persons viz., Ramashetty and Sudha. The other family members attacked accused No. 1 and killed him on the spot. In the circumstances, there is no prima-facie material to show that these petitioners had shared common intention with accused No. 1 to commit murder of deceased persons viz., Ramashetty and Sudha. The investigation records would prima-facie indicate that deceased accused No. 1 (since dead) developed intention to commit murder of deceased Ramashetty and Sudha at the spot. The intention to kill those persons was instantaneous. It is also stated in investigation records that accused No. 1/Ajjegowda was killed in the same incident. Therefore, there is no prima-facie case to invoke Section 34 of Indian Penal Code. The situation of petitioners tampering with prosecution witnesses and fleeing away from justice can be avoided by imposing suitable conditions. Therefore, I pass the following:
ORDER
The petition is accepted. The petitioners are released on bail, subject to following conditions:-
I. The petitioners shall execute bonds for a sum of Rs. 50,000/- (Rupees fifty thousand only) and shall offer three sureties for the like sum to the satisfaction of jurisdictional Court.
II. The petitioners shall not intimidate or tamper with prosecution witnesses.
III. The petitioners shall regularly attend the Court.