MADHUSUDHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under Section 439 of the Criminal Procedure Code (for short ' Cr.P.C .') for grant of bail and he is accused No.2 in Crime No.151/2019 for the offences punishable under Sections 341 and 302 read with 34 of IPC registered by the J.P. Nagar Police, Bengaluru.

(2.) Heard the arguments of learned counsel Sri A.S.Kulkarni and learned High Court Government Pleader.

(3.) The case of the prosecution is that one Ramesh has lodged a complaint to the respondent-Police on 25.08.2019 alleging that his elder son Varun left the home in Suzuki Access Scooter and in the midnight, he came to know through his second son that his elder son Varun met with an accident and got admitted to KIMS Hospital. Immediately, he along with his family rushed to the hospital and found his elder son Varun and one Manjunath @ Tamma Manja died with grievous bleeding injuries all over the body. It is further alleged that in the year 2017, one Tablet Raghu was murdered by Tamma Manju and his associates. Since then, the younger brother of Tablet Raghu was having enmity with the said Tamma Manja and others. In this background, on 25.08.2019 at 11.30 p.m., when the son of the complainant Varun and Manjunath were proceeding in Suzuki Access Scooter at J.P.Nagar, the accused followed them in Hundai i-20 Car and waylaid them at 24th main road from opposite direction, dashed their car to the scooter and also assaulted them with sword, knife and committed murder of both Manjunath and Varun. Based upon the complaint, after registering the case, the Police arrested the petitioner on 27.08.2019 remanded him to the judicial custody. The petitioner moved a bail petition before the Additional City Civil and Sessions Judge in Crl.Misc.10781/2019, which came to be dismissed. Hence, the petitioner is before this Court.