(1.) Petitioner/Accused No.5 has filed Crl.P.No.1161/2020 and Petitioner/Accused No.6 has filed Crl.P.No.1384/2020 under Section 439 of Cr.P.C. seeking regular bail in Cr.No.214/2019 of Kalasipalya Police Station, Bengaluru for the offence punishable under Sections 143, 147, 148, 307 r/w Section 149 of IPC. In view of the fact that these accused are in judicial custody since their arrest, they have filed the present petitions seeking grant of regular bail in view of the grounds urged in the petitions.
(2.) Heard learned counsel for the petitioners and learned SPP-2 for the State. These petitions are disposed of through this common order.
(3.) The factual matrix of these petitions are as under: It is stated in the complaint statement recorded by injured - Varun at Victoria Hospital on 22.12.2019 that he is a RSS volunteer and doing steel business by occupation. On 22.12.2019 Sri Tejaswi Surya, M.P. of Bangalore South had conducted a rally at Town Hall. It is stated that Varun had hired a Bounce two wheeler and had gone near the Town Hall and after attending the rally when he was returning to his home, near New Extension Kumbalagudu Road, Reddy Building, 4 to 5 unknown persons had come in two wheelers and all of a sudden assaulted on his back head, back, left ribs by means of choppers and iron long and took heel from the spot. The injured did not even know why he was assaulted. However, as a result of the assault, he fell down and was screaming for help. Due to the assault, he had sustained bleeding injuries and he was shifted to Victoria Hospital and admitted as an inpatient in the said hospital. During the course of investigation, respondent police arrested some of the persons who are arraigned as accused Nos.5 and 6 in the aforesaid crime.