At the bail stage, the focus should be on the satisfaction about the prima facie case and not an exhaustive exploration of merits.

JUDGMENT

1. This petition is filed by the petitioners who are arraigned as accused No.1 and 3 seeking regular bail in Crime No.35/2019 of Hanumanasagar Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 302 read with Section 149 of IPC.

2. Heard learned counsel for the petitioners and learned HCGP for the State.

3. It is stated in the complaint filed by one Muttavva who is said to be the wife of deceased Devappa Olekar, wherein the deceased was serving earlier as a Conductor in KSRTC Unit. The deceased is said to have left the service of KSRTC and was residing in the house situated at Bilekal village along with his wife CW.1, who is his third wife. The deceased had earlier married his sisters daughters namely Hanumavva and Lalita. Due to difference of opinion in the family, he had deserted his first and second wife and subsequently got married with complainant Muttavva. The first and second wife were residing along with accused No.1 Vinodha Olekar at Bilekal village. The father of deceased Devappa Olekar had some landed properties and both wives of deceased Devappa Olekar were enjoying the said property for many years. They had not given any share to him. In this regard the deceased had asked his brother Vinoda and other family members to give his share in the landed property. In this regard, they had ill-will amongst them on account of partition demanded by the deceased. It is further stated that on 12.03.2019 at around 10.00 p.m., wherein the deceased along with his third wife, and CW.6 to 8 were sitting in front of their house on a pedestal at Bilekal village and they were talking to each other. At that point of time, accused Nos.1 to 16 went to the house of complainant by forming unlawful assembly and by holding deadly weapons such as wooden stick, size stone and other objects with a common object to eliminate deceased Devappa Olekar. The accused persons picked up quarrel with the deceased and there was an assault of incident took place between them. Accused Nos.1 to 3 said to have assaulted the deceased with means of wooden sticks on his knee part and also on his head and so also, assaulted the complainant on her right heel part causing bleeding injuries. Accused Nos.3 and 5 assaulted with the means of stone and all the accused took away the deceased to the open area of Kalingappa Ramaswamy and therein the accused were made to fall the deceased on the ground and gave kick over his person with their legs. As a result, deceased sustained grievous injuries on his person due to the assault made by the accused persons and last his breath. Subsequently, on a complaint filed by the complainant the case in Crime No.35/2019 came to be registered against the accused persons. The IO after conducting thorough investigation has laid the charge sheet against the accused before the committal court in C.C.No.717/2019.

4. Learned counsel for the petitioners contends that Accused No.7 Hanumavva who is none other than wife of deceased Devappa Olekar had also filed counter complaint against Accused persons in Crime No.36/2019 for the offence punishable under Sections 143, 147, 148, 504, 323, 324, 341, 307 r/w Section 149 of IPC. Accused No.1 to 7 in counter Crime No.36/2019 have already been released on bail. Further, the co-accused in Crime No.35/2019 have also been released on bail. The petitioners had filed anticipatory bail petition under Section 438 of Cr.P.C. before the trial Court, the same came to be rejected. Further, petitioners and other co-accused filed Crl.P.No.101726/2019 before this Court under Section 438 of Cr.P.C. seeking anticipatory bail which came to be withdrawn in respect of these petitioners.

5. It is further contended by petitioners counsel that there was no intention, ill will, motive or preparation to commit alleged murder. He further contends that Accused No.2 and 4 against whom similar allegations of overt act are made, have been released on bail by the trial Court with su