The Criminal Petition No.200841/2023 under Section 439 of Cr.P.C. is filed by petitioner - accused No.2 to enlarge him on bail in Crime No.30/2023, registered by Jalanagar Police Station, Vijayapur, for the offences punishable under Sections 143 , 147 , 148 , 341 , 114 and 302 read with Section 149 of IPC and 25 of Indian Arms Act , pending on the file of III Additional District and Sessions Judge, at Vijayapura.

02. The Criminal Petition No.200909/2023 under Section 438 of Cr.P.C. is filed by petitioner - accused No.4 to enlarge him on bail in the event of his arrest in Crime No.30/2023, registered by the Jalanagar Police Station, Vijayrpura, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending before the III Additional District and Sessions Judge, at Vijayapura.

03. The Criminal Petition No.200910/2023 under Section 438 of Cr.P.C. is filed by petitioner - accused No.3 to enlarge him on bail in the event of his arrest in Crime No.30/2023, registered by the Jalanagar Police Station, Vijayrpura, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending before the III Additional District and Sessions Judge, at Vijayapura.

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04. The summary of the FIR is that, there was a political rivalry between the complainant and the wife of accused No.1, since the informant had contested the Municipal election against the wife of the accused No.1, and in the said election, the informant had won. After the election results were declared, the accused threatened the husband of informant with dire consequence, and also the same was intimated to his family members and friends.

05. On 06.05.2023, friends of the deceased had left from Hakim Chowk and when they informed that, they were near their house at about 10.17 a.m., informant and her husband left from home, the husband of informant was in a car and informant followed her deceased husband, and when they moved about 100 to 150 meters towards Vajra Hanuman Gate, in front of house of Allabaksh Kotal, at that time, accused Nos.1, 3 to 5 and others came into two cars and one motor cycle, and stopped car of deceased, and dragged him out of car, and accused No.1 assaulted on back side of his head with a machete, at that time, informant along with friends came to rescue him. When deceased was running towards his wife- informant, accused No.1 fired with a pistol on back of deceased and gave the revolver to his associates and caught hold the husband of the informant, and thereafter the accused Nos.1 and 2 sat on him and shot him with revolver. The accused Nos.3 and 4 were insisted to give revolver to others and other 4-5 persons shot the deceased, and the accused Nos.3 and 4 were abetting others by standing near their car. The deceased succumbed due to the assault by the accused Nos.1, 2 and 5.

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06. Sri Sandesh Chouta, learned Senior Counsel for the accused Nos.2, 3 and 4 would make the following submissions:

d) In the remand report, the police have not stated that during the course of investigation as to whether the statements of eye witnesses to the incident have been recorded or not including the inquest panchanama and the PM report.

e) The Investigating Officer has not furnished the copies of entries in the diary in the prescribed form, which is mandatory as specified in Clause (i) of Section 167 of Cr.PC and Rule 3 of Chapter 5 of the Karnataka Criminal Rules of Practice, 1968.

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07. Sri. Satyanarayanacharya Kadloor and Sri. Prakash Yeli, the learned counsels for the complainant would make the following submissions:-

08. The learned High Court Government Pleader for the respondent No.1 - State would reiterated the submissions made by the learned counsel for the respondent No.2 - complainant.

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09. Considered the submissions made by the learned counsel for the parties and perused the records.

10. The homicidal death of husband of the complainant is not in dispute. The alleged incident has taken place on 06.05.2023 at about 10.20 a.m. The FIR was registered at about 12.15 p.m. i.e., nearly after two hours from the time of accident. The FIR was sent to the learned Magistrate at about 04.45 p.m. The learned counsels representing the complainant have not disputed the statement made by the complainant before the Media, wherein she has allegedly stated that, she came one minute after the incident and incident was witnessed by the local people. In the remand application, there is no mention with regard to the recording the statement of eyewitnesses to the incident when the incident has taken place in a broad day light in a public place, except the statement made by the complainant in the first information report.

11. The learned Senior Counsel for the petitioners submits that the purpose of sending FIR to the learned Magistrate at the earliest point of time, as specified under Section 157 of Cr.P.C. is to see that there is no manipulation in the first information report.

12. Admittedly, the pistols used for committing the crime, have been recovered from the accused Nos.1 and 6 and bloodstained clothes of accused No.5 has been recovered on the basis of confession statement.

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13. The Investigating Officer has also not denied the fact that, the accused Nos.2 and 3 intended to supply the C.C. footages along with DVR to establish that, they were not present at the spot at the time of crime, but they were in their respective house at the time of incident. Hence, at this stage, the petitioners - accused Nos.2, 3 and 4 have made out prima- facie case to enlarge them on bail. Accordingly, I proceed to pass the following;

ORDER The Criminal Petition No.200841/2023 is allowed. The Petitioner - accused No.2 is enlarged on bail in Crime No.30/2023, registered by Jalanagar Police Station, Vijayapura, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending on the file of III Additional District and Sessions Judge, Vijayapura, subject to the following conditions:

NC: 2023:KHC-K:5780 CRL.P No. 200841 of 2023 C/W CRL.P No. 200909 of 2023 CRL.P No. 200910 of 2023 The Criminal Petition Nos.200909/2023 and 200910/2023 are allowed.

The Jalanagar Police Station, Vijayapura, is hereby directed to enlarge the petitioners - accused Nos.4 and 3 on bail, in the event of their arrest in Crime No.30/2023, for the offences punishable under Sections 143, 147, 148, 341, 114 and 302 read with Section 149 of IPC and under Section 25 of Indian Arms Act, pending before the III Additional District and Sessions Judge, Vijayapura, subject to the following conditions:

JUDGE KJJ List No.: 1 Sl No.: 79