NAGESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Sec. 439 of Cr.P.C., for granting regular bail in Crime No.235/2021 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for the offences punishable under Ss. 302 read with 34 of IPC .

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

(3.) The case of the prosecution is that a suo- moto complaint was registered by the Annapoorneshwari Nagar Police Station against petitioner and others on 17/10/2021. It is alleged by the police officer that on 17/10/2021, he was on night duty in the police station and at 3.10 a.m., auto rickshaw bearing No.KA-02-AE-9024 came to the police station and parked and a person came inside the police station and he himself stated his name as Muniraju/accused No.1 and along with another person Maruthi/accused No.3 informed that the deceased Bhaskar had illicit intimacy with his married sister who is having children and he on his way to elope with his sister, at that point of time, the accused persons had obstructed the deceased and took him along with them for purpose of advise in the auto rickshaw to leave his sister but the deceased did not mend his way. The deceased is said to have stated that he wanted to live with her. Therefore, the accused had assaulted him with wooden log/clubs along with the accused persons and caused injuries. Thereafter, he has taken him in auto rickshaw and the said Bhaskar is said to have died in the auto rickshaw. Thereafter, the accused persons came to the police station and surrendered along with dead body. After registering the case the police have arrested the petitioner and after investigation, charge sheet has been filed. The bail petition of this petitioner came to be rejected, hence he is before this Court.