This petition is filed by accused Nos.1, 9 and

10 under section 439 of The Code of Criminal

Procedure, 1973 (hereinafter referred to as the

8Cr.P.C.9, for brevity) seeking bail in Crime

No.185/2022

of

Yamakanmardi

Police

Station

registered

for

the

offences

punishable

under

Sections 143, 147, 148, 120(B), 302, 504, 506,

201 read with Section 149 of The Indian Penal

Code, 1860 (hereinafter referred to as 8IPC9, for

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brevity) and Section 25(1A) of The Indian Arms

Act, 1959.

The case of the prosecutions is that, one

accused No.1 Basavaraj had run away with the

daughter of one Irappa Chougala, who is also the

chairman

of

Basaveshwar

Bank

and

the

said

accused No.1 doubted the complainant9s husband

that he was supplying the information about the

daughter of chairman to him. In another incident,

the son of accused No.1 got hit by a ball and

therefore, there was a fight with the complainant9s

husband and the elder by name Kallappa Siddappa

Bhujamugol intervened and pacified the quarrel.

Inspite of the said aspect, accused No.1 is having

grudge against the husband of complainant. It is

further stated that about 25 days prior to filing of

the complaint, the mother-in-law of complainant

was roaming in front of their house, the said

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accused No.1-Basavaraj came from the back side

in a very speed manner and stopped vehicle right

in front of the mother-in-law and when she asked

why he was doing so, the said accused No.1-

Basavaraj and 4 others got down and quarreled

with the complainant9s husband. There are cases

registered of such a kind in the Yamakanmardi

police

station.

In

this

background

with

that

grudge, accused No.1 with an intention to kill the

husband of the complainant namely Parashuram

along with accused Nos.2, 5, 8, 9 and 10 who were

working in the finance of accused No.1 to whom

accused No.1 used to provide alcohol and food

conspired them to kill the deceased-Parashuram.

Accused No.1 went along with accused Nos.2 and

5 to accused No.11 and asked him to manufacture

two talwars and got those two talwars and kept in

his eco sport car No.KA-22/MA-5280 and also kept

chilly powder. That on 16.07.2022 all the accused

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in the premises of Shri. Mahatma Phule ITI

College, Hidakal during night hours planned to kill

the deceased when he will travel to Hanuman

Temple to Hidakal Dam on every Saturday by

dashing with car to his motorcycle. Accused No.1

gave his eco sport car No.KA-22/MA-5280 to

accused Nos.2, 5 and 8 on 15.07.2022 in the night

and they on 16.07.2022 in the morning keep

watching near Hanuman Temple, Hidakal Dam and

at that time accused No.1 was in his friend9s car

bearing

registration

No.KA-22/MC-5056

and

standing near Urdu School. At that time accused

No.9 intimated accused Nos.2, 5 and 8 regarding

the deceased9s movements on his motorcycle from

Hosapete Agasi and at that time accused No.2

drove eco sport car No.KA-22/MA-5280 and the

deceased-Parashuram coming on his motorcycle

bearing registration No.KA-49/L-796 near Urdu

School at 10.30 a.m. dashed it from front side

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which caused injury to the deceased9s leg and he

fell down. At that time accused Nos.2 and 8

assaulted him with talwars and abused him. At

that time accused No.5 abusing the deceased

kicked him and the deceased by joining his hand

prays not to assault him. At that time, they

assaulted on his hands, head, face and killed him.

Accused No.1 who was watching the same at

distance took accused No.5 in the car brought by

him bearing registration No.KA-22/MC-5056 and

accused

No.9

took

accused

Nos.2

and

8

on

motorcycle bearing registration No.KA-22/HJ-777

and gave threat to CW-12 to finish him, if he does

something and accused Nos.1 and 5 threw their

phones in Hidakal river and committed the alleged

offences. The petitioners/accused Nos.1, 9 and 10

came to be arrested on 20.07.2022 and they are in

judicial custody. The petitioners filed Criminal

Miscellaneous No.5715/2022 seeking bail and the

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same came to be rejected by the learned VII