NAGARAJA H. Vs. STATE

JUDGEMENT

(1.) This petition filed by the petitioner accused No.2 under sec. 439 of Cr.P.C. for granting bail in S.C. No.1167/2021 registered by the Rajagopal Nagar police in crime No.212/2021 for the offences punishable under Ss. 341 , 302 , 504 , 506 read with Sec. 34 of IPC.

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

(3.) The case of prosecution is that on the complaint filed by one Prabhavathi, the wife of deceased, the police registered the case against the petitioner on 16/6/2021. It is alleged in the complaint that there was quarrel between the deceased and accused No.1 in respect of cutting the road. Accused Nos.1 and 2 came to the house of complainant at 6.30 p.m., they asked about the deceased. At that time, the deceased was not in the house. They abused in filthy language and threatened to kill the deceased. Immediately, the complainant telephoned to her husband and was waiting at the balcony of the house. At that time, her husband came on a motor cycle. Accused Nos.1 and 2 assaulted her husband, made him to fall on the ground and took cement brick stone, assaulted on the head of the deceased and committed his murder. The police arrested the petitioner on 17/6/2021 and he was remanded to judicial custody. His bail petition came to be rejected by this Court on earlier occasion on 18/12/2021 in Criminal Petition No.8324/2021 and hence, once again the petitioner is before this Court in this successive bail petition.