RAMDAS Vs. STATE

JUDGEMENT

(1.) This successive bail petition is filed by petitioner-accused No.2 under Sec. 439 of Cr.P.C., for granting regular bail in Crime No.315/2020 registered by Rajagopal Nagar Police Station, Bengaluru for the offences punishable under Ss. 143, 147, 307, 302, 364, 201 read with Sec. 149 of IPC and now pending on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.20508/2020.

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

(3.) The case of the prosecution is that the complainant-Rajkumar Jodatti, the father of the deceased -Mahesh Gowda filed a complaint to the Police on 23/10/2020 for kidnapping under Sec. 365 of IPC and he has stated that on 18/10/2020, his son had been to his residence and later there was some quarrel between the accused and his deceased son in connection with the money transaction. On that background, on 21/10/2020 at 2.00 p.m., when he telephoned to his son, he told has received due amount from Prabhakar and returned back by next day. But till 23/10/2020, he did not return, he suspected the Prabhakar, Ravi and Krishna. Initially, the Police registered the case showing accused Nos.1 and 2 in the FIR and the investigation revealed, after arresting the accused, it was revealed that the deceased used to threaten Krishna by asking to return the due amount. Therefore, the said Krishna hatched conspiracy with this petitioner-accused and they asked the deceased to board the car and took him to the land of accused No.1, they made him to drink the alcohol and committed murder with the help of accused Nos.3 to 5. Subsequently, the Police arrested this petitioner on 26/10/2020 and he was remanded to the judicial custody. His bail petition came to be rejected by this Court in Crl.P.No.1287/2021 dtd. 22/6/2021. Now the petitioner has come up with additional grounds.