ALLABAKASH Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. to release him on bail in Cr.No.159/2019 of Yelahanka Police Station, Bangalore for the offences punishable under Sections 120-B, 341, 302 read with 34 of IPC pending on the file of LXVIII Additional City Civil and Sessions Judge, Bangalore in S.C. No.211/2020.

(2.) I have heard Sri.Jithendra M.S., learned counsel for the petitioner/accused No.5 virtually and Sri.M.Divakar Maddur, learned High Court Government Pleader appearing for respondent-State.

(3.) The genesis of the case of the prosecution in brief is that accused No.1 namely Chand Pasha was owning three auto rickshaw and he had handed over one of the auto rickshaw to the deceased Dileep Kumar on rental basis and the deceased Dileep Kumar never used to pay the rents to accused No.1 and in that connection there was ill-will between them. Accordingly, accused No.1 by constituting an unlawful assembly along with accused Nos.2 to 5, hatched a plan to commit the murder of the deceased Dileep Kumar. In that pursuit, on 22.10.2019 at about 10.30 p.m., accused No.1 took the deceased to one Siddappaji Bar and made him to consume liquor and thereafter, on the guise of seeking drop near Kondappa Layout, took the deceased to the said place. Accused Nos. 2 to 5 followed them in another auto rickshaw by carrying lethal weapons and they poured chilly powder and attacked the deceased Dileep kumar by assaulting him with deadly weapons and committed murder of deceased Dileep Kumar. On the basis of the complaint, a case has been registered against the petitioner.