ORDER

The petitioners are arraigned as accused Nos.7 and 8 respectively in the charge sheet filed by Thilak Park Police, Tumakuru, in their Police Station Crime No.141/2023 registered for the offence punishable under Section 364, 302 read with Section 149 of IPC.

2. FIR was registered on the basis of a complaint lodged by Smt. Rathnamma, mother of deceased Maruthi @ Pollard against accused Nos.1 to 5.

3. Charge sheet is filed against accused Nos.1 to 8 for the offence punishable under Section 143, 147, 148, 302, 364 read with Section 149 of IPC.

4. Heard both the sides and perused the material on record.

5. Brief facts of the prosecution case are that, about a week prior to 21.10.2023, a quarrel took place between CW.4-Azam Pasha and one Jayyamma, mother- in-law of deceased Maruthi @ Pollard. She informed deceased about the said quarrel. Hence, deceased asked accused No.2, a friend of CW.4, to advise him and also scolded accused No.2. Hence, there was enmity. In this background, accused Nos.1 and 2 hatched a plan with accused Nos.3 and 8 to eliminate Maruthi @ Pollard. On 21.10.2023 at about 09:15 p.m., accused persons abducted the deceased in a Maruthi Wagon R car bearing registration No.KA-05-MC-6180 belonging to accused No.6. They took him to a land bearing Survey No.142/1d in Tumakuru Amanikere situated behind Bandemane Kalyanamantapa and committed his murder by assaulting with deadly weapons.

6. There are no eye witnesses to the incident in question. CW.2-Manikanta. N., is a witness to the accused persons abducting the deceased in a Wagon R car. He informed the matter to the brother of deceased by name Venkatesh-CW.10. The dead body was found lying near Bandimane Kalyana mantapa. The complainant along with her younger son Venkatesh, on receiving the information, went to the spot and saw the dead body. Initially, case was registered against accused Nos.1 to 5. Name of the petitioners are not in the FIR. As per charge sheet allegations after the deceased was abducted in the car, all the accused assaulted him with hands. Accused Nos.1, 4 and 5 assaulted him with longs on his head and other parts of the body. Accused Nos.3, 6 and 7 were standing at a distance watching the movements of others. Accused Nos.2 and 8 are alleged to have caught hold of the legs of the deceased while accused Nos.1, 4, 5 assaulted him.

7. The learned High Court Government Pleader has contended that in the further statement, CW.2 has identified the petitioners and other accused as the persons who have abducted the deceased in the car. Hence, he contends that there is a prima-facie against the petitioner for having committed an offence punishable with death or imprisonment for life.

8. The specific allegations of assaulting the deceased with weapons are against accused Nos.1, 4 and 5. Blood stained weapons and cloths are recovered at their instance. Petitioners are not named in the FIR. No incriminating materials are recovered at the instance of the petitioner. The allegations that accused No.7 was standing at a distance along with accused Nos.3 and 6 watching the movements of others and petitioner No.2/accused No.8 has caught hold of the legs of the deceased etc. is a matter which has to be established during Trial.

9. Accused No.6, against whom similar allegations are made as against accused No.7, has been enlarged on bail by this Court in Crl.P.No.417/2024 dated 02.02.2024.

10. Petitioners are not required for further interrogation. They are in judicial custody from 26.10.2023. Investigation is completed and charge sheet is filed. Hence, by imposing stringent conditions, the relief sought by the petitioners can be granted. Accordingly, the following:

ORDER

i) Petition is allowed.

ii) Petitioners/accused Nos.7 and 8 in Crime No.141/2023 of Thilak Park Police Station, Tumakuru, pending in S.C.No.31/2024 on the file of the Court of III Additional District and Sessions Judge at Tumakuru shall be enlarged on bail subject to following conditions.

a) They shall execu