MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This second successive bail petition is filed by the Petitioner Under Sec. 439 of Cr.P.C., for granting bail in Crime No. 150/2020 registered for the offence punishable Under Ss. 201, 302, 307, 149 read with Sec. 120B of the Indian Penal Code, 1860 (henceforth referred to as 'IPC for short) by the Srirangapatna Rural Police Station, Mandya District.

(2.) Heard the arguments of learned Counsel for the Petitioner and learned High Court Government Pleader for the Respondent - State.

(3.) The case of the prosecution is that on the complaint of one Pavankumar, who is the eye-witness to the incident filed a complaint to the Police on 3/10/2020 alleging that on 2/10/2020 at about 7.45 p.m., the complainant along with his friends Chamaraja M and Poornachandra (deceased) were talking in a shed belongs to Athmananda Store Crusher and M Sand Crusher in Jakkanahalli Village. At about 8.30 p.m., one Nanjunda came and gave food to the complainant and went away. The complainant and his friends were having dinner and at that time, Accused No. 2-Vinay came and opened the door and saw the complainant and other two were having dinner and after seeing them, he informed that he will come in 10 minutes. Accused No. 2-Vinay (earlier he was Accused No. 1 in crime stage) and Accused No. 3-Shrinivasa @ Seena and other Accused came to the spot by holding long, threatened the complainant and his friends. Thereafter, all the Accused persons dragged out Poornachandra from the room and assaulted him with long (sword) and when the complainant came for rescuing the said Poornachandra, the Accused persons also assaulted him. Thereafter, the complainant and others took the injured Poornachandra to the hospital, wherein he succumbed to the injuries. The Police registered a case against five unknown persons by showing the names of Vinay and Sreenivas. After registering the case, the police arrested the Accused persons and they were remanded to the judicial custody. This Petitioner was arrested on 9/10/2020. Initially, the Petitioner approached this Court for granting bail in Criminal Petition No. 7266/2020, which came be dismissed on 29/3/2021. Subsequently, the Petitioner also filed another criminal petition before this Court in Criminal Petition No. 5843/2021, which came to be dismissed on 13/9/2021. In the meanwhile, the Petitioner said to be approached the Hon'ble Supreme Court in SLP No. 3811/2021, where the Hon'ble Supreme Court uphold the order passed by this Court, however, liberty was granted to the Petitioner to approach this Court after a period of six months vide order dtd. 28/5/2021. Hence, the Petitioner approached this Court by way of second successive bail petition.