ABHISHEK Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner/Accused No.5 under Sec. 439 of Cr.P.C. seeking regular bail in Crime No.68/2022 registered in SC No.1876/22 on the file of LV Additional City Civil and Sessions Judge, Bangaluru, for the offences punishable under Ss. 143, 144, 147, 302 , 201 and 149 of IPC.

(2.) The brief factual matrix leading to the case are that the complainant Prasanna is working as an Home Guard in the department of Railway and he is on duty in Kengeri Railway Station since last three years. It is further asserted that on 23/4/2022 he was allotted duty from 9.00 pm to 9.00 am and accordingly, he was performing his duty. It is the contention that on 24/4/2022 at 1.10 am the Station Master called him and informed that at K.M.No.12/800-900, one male body was found after it was struck with the train and he was directed to attend the same. Immediately, he went to the spot and found male body aged about 40 years and to inform the same he was returning towards railway station. At K.M.No.12/500 behind a tree, he noticed 15 to 20 youths were assaulting a person and said person fell down. When he blow a whistle to alarm the said persons, the said youth fled from the spot and when he went to the spot, he found that a person aged about 25 years lying in the blood of pool with injuries on his face, chest and on his stomach with knife and the said person was found to be dead. Further, the complainant has asserted that he has seen the persons who ran away from the spot in the light and he is capable of identifying the same. On the basis of said information, the complaint was registered in Crime No.68/2022 against unknown persons. During the course of the investigation, the present petitioner and other accused were apprehended and they were remanded to judicial custody. In the meanwhile, matter was committed to Sessions Court also. The petitioner who is arrayed as accused No.5 has moved bail petition before the learned Sessions Judge and the learned Sessions Judge has rejected the bail petition. Hence, he is before this Court.

(3.) Heard the arguments advanced by the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. Perused the records.