(1.) THE petitioner who is arrayed as accused No.2 in S.C.NO.475/2013 now pending on the file of FTC - XXV, Bangalore City, has sought for releasing him on bail.
(2.) IT is alleged that on 23.11.2012 at about 10.00 a.m. the deceased took CW.19 and accused No.1 by name Syed Mujamil in his autorickshaw bearing registration No.KA -05 -AC -5284 to Gangondanahalli saying that they shall have a drink. On the way CW.19 got down from the autorickshaw and went away. Thereafter, the deceased and accused No.1 went to Ravi Bar situated at Gangondanahalli at about 12.00 noon where this petitioner was consuming liquor since 10.30 a.m. At the bar a quarrel ensued and in the said quarrel, A.2 slapped on the deceased. Thereafter all the three i.e. the deceased, A.1 and the petitioner, who is A.2 herein left the bar in the autorickshaw of the deceased and when they came to some distance in the Simpo PDF Password Remover Unregistered Version - auto rickshaw, again the accused picked up quarrel with the deceased and in the said quarrel, A.1 stabbed the deceased on his chest and thereafter both the accused sped away. On account of the injury sustained, the deceased collapsed at the spot. The public on seeing the deceased removed him to Gurushree Hi -Tech Hospital situated at Chandra Layout where he was declared as having been brought dead. Thereafter CW1 filed his complaint before Chandra Layout Police.
(3.) PER contra, learned High Court Government Pleader contended that the statement of CWs.17 and 18 eyewitnesses to the occurrence reveals that these two accused in furtherance of their common intention have committed the murder of the deceased by stabbing him and assaulting him with knife and hands. There is no reason whatsoever at this stage to discard the statement of these two eyewitnesses. Therefore, the petitioner is not entitled to be released on bail.