(1.) This petition is filed by the petitioner / accused No.3 seeking regular bail in Crime No.2/2019 of Ashok Nagar Police Station, Kalaburagi for the offences punishable under Sections 302 and 120-B read with Section 34 of IPC. This is a successive petition seeking regular bail. Earlier, the petitioner had approached this court on two occasions, firstly in Crl.P.200237/2019 wherein by order dated 13.03.2019 the petition was dismissed as not pressed. Again, by order dated 19.08.2019 in Crl.P.200607/2019 the bail petition of the petitioner came to be rejected as the accused did not deserve to be granted bail. Hence the present petition seeking regular bail for the grounds urged therein. The petitioner is in judicial custody since the date of his arrest. Therefore, this petition is filed to consider his successive bail petition.
(2.) Heard learned counsel for the petitioner and learned HCGP for the State.
(3.) It is stated in the complaint that on 10.01.2019 at about 9.45 a.m. when Channamallappa, a relative of the complainant was standing near Kamal Hotel for handing over the motorbike to deceased Mallikarjun, two persons had come on a motorcycle and had assaulted Mallikarjun on his neck and abdomen with sharp edged weapon. Immediately though Mallikarjun was admitted to United Hospital, Kalaburagi, but he had succumbed to the injuries. Subsequently, on a complaint filed by the complainant the case in Crime No.2/2019 came to be registered against the accused persons. The I.O after conducting thorough investigation has laid the charge sheet against the accused in C.C.No.2435/2019. During the course of investigation, the dead body of Mallikarjun was sent to the hospital in order to conduct autopsy over the dead body. Autopsy revealed several cut injuries including mark of ligature on neck.