VIVEK Vs. STATE

JUDGEMENT

(1.) The petitioner is accused No.1 in Crl.Misc. No.1715/2020 pending on the file of the LXVII Addl. City Civil Judge, Bengaluru. Petitioner along with others has been charge sheeted for the offences punishable under Sections 143 , 144 , 147 , 148 , 341 , 302 , 120-B read with Section 149 of IPC. His petition for regular bail has been rejected by the learned Sessions Judge, hence this petition under Section 439 of Cr.PC for enlarging him on bail.

(2.) In the charge sheet filed against the petitioner and others, it is alleged that the deceased, Sunil Kumar had assisted one Santhosh Kumar to marry the sister of petitioner and in this background, all the accused persons entered into criminal conspiracy to eliminate Sunil Kumar. It is further alleged that in furtherance of the said conspiracy all the accused on 25.8.2019 at about 1.20 a.m. on the information given by accused Nos.3 and 6 regarding the movement of the deceased to accused No.1, accused No.1 and other accused attacked the deceased and accused Nos.1, 2 and 3 assaulted the deceased with knife and accused No.4 assaulted him with a beer bottle piece and accused No.5 stabbed the deceased with a knife and thereby caused his death.

(3.) Learned counsel for the petitioner submits that the incident took place in the early morning on 25.8.2019 and there were no eye witnesses to the said incident. The statement of the alleged eye witness was recorded only on 25.9.2019 i.e. after the lapse of 30 days and the same is an afterthought so as to falsely implicate the petitioner for the offence which he is not committed. He further submits that the alleged eye witness has not identified the petitioner and his statement is not credible. He further submits that accused Nos.6 and 7 have been enlarged on bail by this Court. He also submits that accused Nos.2 to 5 have been enlarged on bail by the Trial Court. He further submits that the investigation has been completed and the alleged weapons used for committing the alleged offences have been recovered. He further submits that he will abide by any of the conditions that may be imposed in the event he is enlarged on bail.