SHIVARAJU B.A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.6 in S.C.No.23/2021 pending before the II Addl. District & Sessions Judge, Mandya arising out of Crime No.87/2020 registered by Mandya East Police Station, Mandya District for the offence punishable under Ss. 396 & 302 of IPC is before this Court under Sec. 439 of Cr.P.C,

(2.) Heard the learned counsel appearing for the parties.

(3.) On the basis of complaint lodged by Sri Girish G N S/o late Nagabhushanaiah on 11/9/2020, Mandya East Police had registered FIR in Crime No.87/2020 for the aforesaid offences against unknown persons. In the complaint it is averred that, on 10/9/2020 at about 8 p.m, the complainant after performing pooja in the temple had closed the door of the temple, locked the same and had informed the security guards Prakash and Ganesh. On 11/9/2020 at about 6.00 a.m, when the complainant was on his way to temple to perform pooja, he was informed by one Shivu that Prakash Ganesh and Anand were murdered inside the temple. Immediately, the complainant rushed to the temple and saw that Prakash, Ganesh and Anand were murdered inside the temple premises. Accused persons had taken away the money from hundi of the temple along with other valuables which was found in the temple. Thereafter, complainant approached the Mandya East Police and lodged complaint, based on which FIR was registered in Crime No.87/2020 against unknown persons. During the course of investigation, the police had totally arrested 9 accused persons and after completion of investigation had filed charge sheet for the aforesaid offences against 9 accused persons. The petitioner herein is arrayed as accused No.6 in the charge sheet. The bail application filed by the petitioner before the Court of II Addl. District & Sessions Judge, Mandya in S.C.23/2021 was dismissed on 16/2/2022. It is under these circumstances, the petitioner is before this Court.