ROHITH A S @ JAKI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for petitioners and learned HCGP.

(2.) This petition is filed under Section 439 of Cr.P.C by petitioners/accused Nos.3 and 4, in Cr.No.100/2020 registered by the Rajarajeshwari Nagar Police Station for the offence punishable under Section 302 of IPC, praying for grant of bail

(3.) Brief facts of the case of the prosecution is that one Mr.Manjunath s/o.Anjinappa has lodged a complaint on 17.5.2020 at 09.50 hours at Rajarajeshwarinagar police station. The respondentpolice registered a case against unknown persons in Crime No.100/2020 for the offence punishable under Section 302 of IPC and proceeded with the investigation. The case of the prosecution is that the complainant is a car driver. On 17.5.20020 at about 8.30 a.m. when the complainant was standing on the road in front of his house, one person who was proceeding on the road informed him that one person has been killed by dropping a stone on his head by the side of Nice Road in a vacant place. The complainant along with two known persons viz. Govindaraju and Suresh went to the spot i.e. on the road leading to Subramanyapura, Gaviyappa layout to Rajarajeshwarinagar, BEML layout, wherein by the side of the bush, they found a person aged around 25 to 30 years being murdered by some miscreants by dropping a stone over his head. He has also noticed that the left hand of that person was cut. Hence, he lodged a complaint in the aforesaid police station. The police, based on the complaint, has registered a criminal case in Crime No.100/2020. During the course of investigation by the respondent-police, they proceeded to the spot and seized two size stones alleged to have been used for committing offence. Further, during the course of investigation, it was revealed that four friends of the deceased have committed the murder and the petitioners herein have been arrayed as A3 and A4. Petitioners have filed bail application before the Trial Court. The trial Court rejected their petition. Hence, this petition.