C.R. Kumaraswamy, J.—This criminal petition is filed under Section 439 of Criminal Procedure Code, 1973 by the Advocate for the petitioner praying that this Hon"ble Court may be pleased to release the petitioner on bail in S.C. No. 332 of 2010 (Crime No. 82 of 2010 of Kulagod Police Station) for the offence punishable under Section 302 of Indian Penal Code, 1860. I have heard the learned Counsel for petitioner as well as learned Additional State Public Prosecutor.

2. The learned Additional State Public Prosecutor has filed the objection statement.

3. The learned Counsel for petitioner has produced the copy of the charge-sheet. I have perused the same. The contents of the FIR found in the charge-sheet discloses that Kulagod Police have registered a case in Crime No. 82 of 2010 against the accused 1 to 19 for the offences punishable under Sections 143, 147, 148, 302, 504, 506, 109 read with Section 149 of IPC and Section 25(1) of Arms Act, 1959, on the complaint of Umesh.

4. The case of the prosecution is that there was ill-will between the accused and complainant in connection with Board meeting of the Bank. It is alleged that on 25-6-2010 at about 9.00 a.m. Ravi Siddlingappa Kumbar, Basappa Chennappa Koujalagi, Mallappa Balappa Hattiholi and Shrishail Bhimappa Wali were chatting and they were sitting on katta near the shop of one Mahesh Angadi in the Village. At that time, it is alleged Subhas Kamate went there and watched the above persons for a while and left the place and within a short time Shiddappa Adiveppa Kamate (A1) armed with fodder cutter, Maruthi Shiddappa Kamate armed with Jambia, Shembanna Adiveppa Kamate armed with sickle, Maruthi Laxmappa Kamate armed with axe and Sanju Siddappa Kamate (A3), Balappa Shankarappa Kamate (A4), Annappa Shivalingappa Pawadi (A7), Mahadevappa Shidlingappa Kamate (A10), Shiddappa Ishwatr Kamate (A11), Venkappa Subhas Kamate (A12), Ullas Ramappa Mavinandi (A13), Ishwar Annappa Pawadi (A14), Mahadev Yellappa Kamate (A15), Sanju Bhimappa Mavinandi (A16), went there with common intention formed an unlawful assembly armed with clubs, stones and iron rods. At that place a gunshot was also fired and the said unlawful assembly rushed towards the said Ravi Kumbar and others who were sitting on the said Katte and they abused them and also other Lingayat community leaders. On seeing the group of accused rushing towards them, Ravi Kumbar and others started running, A5 threw chilli powder on them, A1 struck on the right side of the neck of Ravi Kumbar with fodder cutter, A6 dealt a blow with sickle on the hands of Ravi Kumbar, A12 struck a blow on the head of Ravi Kumbar with a club and consequently Ravi Kumbar fell on the ground. Maruthi Kamate (A9) struck with axe on the left leg of Basappa Chennappa Koujalagi, he fell down. Siddappa Adiveppa Kamate (A1) struck on the said Koujalagi with fodder cutter on the cheek etc., Shambanna Adiveppa Kamate (A6) struck on the neck of the Basappa Koujalagi with sickle. Then Maruthi Laxmappa Kamate (A9) hit a blow on the head of Mallappa Balappa Hattiholi with axe. Shambanna Adiveppa Kamate (A6) struck a blow on the neck of said Mallappa Hottiholi with sickle. Maruthi Kamate (A2) struck a blow on the cheek of Malappa with Jambai. The other accused persons

threw stones on the above persons and accused persons who were having clubs pointed out the clubs to others and all of them were saying that they are supporters of Subhas Gadigeppa Kamate and he has instructed them to take away the lives of the above persons. On seeing this, Shrishail Bhimappa Wali ran away from the spot. The complainant and others have tried to rescue the injured, but the accused gave life threat to them, as a result, the above persons remained helpless spectators to the incident. There were three deaths. They are Ravi Kumbar, Mallappa Hattiholi and Basappa Chennappa Koujalagi.

5. Learned Counsel for petitioner submits that the name of the petitioner is not found in the FIR. He has been sub