JIYA @ ISUBU SHIYAD @ JIYAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a successive bail petition is filed under Sec. 439 of Cr.P.C. praying this Court to enlarge the petitioner-accused No.2 on bail in respect of Crime No. 63/2017 of Ullal Police Station, Mangaluru City for the offences punishable under Ss. 120B, 143, 144, 147, 148, 341, 504, 506, 302, 307, 326 R/W 149 of IPC and Ss. 3, 25(1)(1B), 7, 25(1)(1A) and 27(3) of Arms Act.

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

(3.) This petition is a successive bail petition filed by the petitioner-accused No.2. Earlier, this petitioner has approached this Court filing the Crl.P.No.4023/2022 and the same was rejected vide order dtd. 22/6/2022 and while rejecting the bail petition, this Court referred the judgment of the Apex Court in the case of KUMER SINGH vs STATE OF RAJASTHAN AND ANOTHER reported in 2021 (6) SCJ 227 relying upon paragraph 14 wherein it is held that it is required to be noted that all the accused are charged for the offences punishable under Ss. 302, 307 read with Sec. 149 of IPC, the Court cannot consider the individual role of the accused and the same is not required to be considered when they alleged to have been the part of the unlawful assembly and rejected the bail petition.