LOKESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 302 of IPC registered by the respondent - Police in Crime No.154/2019, which is culminated in C.C.No.1105/2020 now pending before the Court of II Additional Civil Judge (Jr.Dn.) and JMFC, Hassan.

(2.) The brief facts of the prosecution case is that on 27.12.2019 one Raviprasad, son of Gurappashetti lodged a complaint before the respondent - Police. On the basis of the said complaint, the Police have registered a criminal case in Crime No.154/2019 against unknown persons for the offence punishable under Section 302 of IPC. During the course of investigation, the petitioner has been arrayed as accused No.2 and charge sheet has been filed on 13.3.2020 in C.C.No.1105/2020.

(3.) The brief allegation made in the charge sheet is that on 27.12.2019 the accused persons have hatched conspiracy and formed unlawful assembly to kill the deceased. They took the deceased in an auto to a place and consumed alcohol along with him and at about 3.30 p.m. when they were consuming alcohol, the petitioner brought iron rod which was in his auto and gave the same to the accused No.1 and then accused No.1 assaulted the deceased behind his back on the head by iron rod and the deceased died at the spot and the accused escaped from the spot after the incident. Later, the accused was arrested on 31.12.2019. The petitioner has filed an application under Section 439 of Cr.P.C. for regular bail before V Additional District and Sessions Judge, Hassan. The trial Court rejected the application filed by the petitioner. As such, the petitioner is before this Court seeking regular bail.