SURESH @ SURI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AS in these two petitions filed under Section 439 of Cr.P.C., respective petitioners arraigned as accused Nos.1 and 5 have sought for an order to enlarge them on bail in connection with case in S.C.No.263/12 pending before Fast Track Court at Anekal, these petitions were heard together and are being disposed of by this common order.

(2.) THE petitioners and other accused persons have been charge sheeted for the offences punishable under Sections 143, 147, 148, 302, 307 read with Section 149 of IPC. According to the case of the prosecution, one Satish who was a known rowdy sheeter in Adugodi Police Station and who was involved in couple of murder cases, dacoity etc., was released on bail some time prior to 20.1.2012. At about 7.30 p.m. on 20.1.2012, when said Satish along with his relative CW.1-Suresh was proceeding on his motor cycle bearing registration No.KA-51-R-3788 on Ragihalli Road from Bannerghatta Road, near Abdulla Form in between Valley View and IOC Petrol Bunk, he was waylaid by persons who came there on a motor cycle and in a Tata India Car and the Tata India Car dashed against the motor cycle ridden by the deceased as a result the deceased as well as CW.1 sitting pillion fell down and the inmates of the car as well as motor cycle got down from the respective vehicles and tried to attack CW.1. At that time CW.1 uttered that he was not the person targeted by them. Thereafter the assailants left him and started assaulting Satish with dangerous weapons like long, chopper etc.. and during this time CW.1 sneaked out of the place and went to nearby stone quarry where CWs.2 to 5 were standing and he informed all of them about the incident and immediately CWs.2 to 5 came near the scene of occurrence and on seeing them all the assailants went away from the place leaving one motor cycle bearing registration No. KA 51 L 450 at the scene of occurrence. Thereafter CWs.2 to 5 came back and informed CW.1 about the assailants running away from the place and Satish having been done to death. Thereafter CW.1 came to the Police Station and lodged a report about the incident at about 8.30 p.m. on 20.1.2012 based on which case in Crime No.22/2012 came to be registered against three unknown persons who came on motor cycle bearing registration No. KA 51 L 450 and 4 to 5 persons who came in a Tata Indica Car. During investigation, the Investigating Officer held the inquest and later subjected the dead body to post mortem examination. During the inquest CW.16 - elder brother of the deceased and CW.17-Vishwanath whose statements were recorded, expressed suspicion against Shiva and Ravi brothers of one Naga and their associates. Thereafter during investigation accused No.4 ­ Rajesh was arrested on 26.1.2012 and during interrogation he said to have disclosed complicity of 11 other persons in the crime. On the basis of the said disclosure these two petitioners were added as accused in the case. Thereafter during investigation, these petitioners were apprehended and at the instance of accused No.1, blood stained shirt and pant as well as two motor cycles bearing registration No.KA 01 EK 7114 and TN 2280 5384 were recovered. At the instance of accused No.5, Tata India Car bearing registration No.KA 40 2058 came to be seized. Thereafter they were subjected to judicial custody. On completion of investigation, the Investigating Officer filed the charge sheet and the matter was committed to the Court of Sessions. Thereafter, the application filed by the petitioners before the learned Sessions Judge for grant of bail came to be rejected. Therefore, the petitioners are before this Court.

(3.) I have heard both sides. Perused the records made available.