GAGAN 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 bail in Crime No.51/2022 registered by the respondent-Jigani police for the offences punishable under Ss. 201 , 302 read with Sec. 149 of IPC.

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

(3.) The case of prosecution is that one Suma, the wife of deceased Manjappa, filed a complaint on 24/3/2022 before the police alleging that, on 16/3/2022 at 7.00 p.m., when herself and her husband were near Celebrity Layout, an unknown person, said to be accused No.1, came on motor cycle and picked up quarrel with her deceased husband telling that her husband said to be stolen agricultural equipments from the garden area. Then accused No.1 called other accused persons to the spot, where the petitioner-accused No.2 and another accused came, they started the assaulting the deceased. At that time, at the request of the deceased, the complainant left the spot. Later, the deceased husband came to home sustaining injuries and he died in the house. After registering the FIR, the police arrested the petitioner and others and remanded to judicial custody. The previous bail petition of the petitioner was rejected by this Court. Now, the petitioner has come up before this Court with the additional grounds.