SIRAJ S/O SHASHAVALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.100253/2021 has been filed by accused No.14 and Criminal Appeal No.100258/2021 has been filed by accused Nos.11 and 13 challenging the order dated 30/06/2021 passed in Special Case No.1067/2020 rejecting their bail applications by the learned I Additional District and Sessions Judge, Ballari. The appellants had sought grant of bail in Crime No.108/2020 of Cowl Bazar Police Station, Ballari registered for the offences punishable under Ss. 143, 147, 148, 302, 120B read with Section 149 of Indian Penal Code (hereinafter referred to as the 'IPC ', for brevity).

(2.) The case of the prosecution is that one Gopal Naik S/o Dasa Naik filed a complaint that the brother of the complainant Ramesh Naik was doing Finance business and he had two wives. The brother of the complainant C.D. Ravi was murdered in 2014 by accused No.1-Ajay Kishore and other accused Nos.11, 12, 13, 14, 18 and 19 and case against them is pending in the trial Court in Spl. Case No.96/2014 on the file of I Addl. District and Sessions Judge, Ballari. It is further stated that 3-4 months prior to the incident, accused No.1-Ajay Kishore told before his friends to compromise the said case or otherwise they will do away with his life. When Ramesh Naik (Deceased) came to know about the said fact, he informed the same to complainant, but Ramesh Naik told that Ajay Kishore will not do anything and as such Ramesh Naik kept quite and did not lodge any complaint in that regard. It is further alleged that on 25.07.2020 at about 4.30 p.m., when complainant was in his house, his elder brother Manju Naik called him on phone and told that Ajay Kishore and his men have attacked Ramesh Naik opposite to TV Sanatorium and immediately he went to the spot and noticed that his brother 's bike was standing by the side of the road near ditch and Ajay Kishore and other accused persons ran away from the scene. The complainant saw his elder brother and Ramesh Naik had fallen there and he was having injuries on his head, hands and other parts of the body due to the said injuries, Ramesh Naik died on the spot. The complainant transported the dead body in Auto rickshaw to the VIMS Hospital Ballari. It is further stated that the brother of the complainant was murdered by the persons who came in Auto rickshaw bearing No.KA-34/A-3746. The said complaint came to be registered in Crime No.108/2020 of Cowl Bazar Police Station Ballari for the offences punishable under Ss. 143, 147, 148, 302 read with Section 149 of IPC. Thereafter, Investigating Officer has filed charge sheet. The appellants-accused Nos.11, 13 and 14, who were arrested and in judicial custody have filed bail application in Special Case No.1067/2020 and the same came to be rejected by the learned I Additional District and Sessions Judge, Ballari by order dated 30/06/2021. The appellants-accused Nos.11, 13 and 14 have challenged the said order in their respective appeals before this Court.

(3.) Heard the arguments of learned counsel appearing for appellant-accused No.14, learned counsel appearing for the appellants-accused Nos.11 and 13 and the learned High Court Government Pleader for the respondent-State and respondent No.2-complainant.