RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned HCGP takes notice for respondent-State. This petition filed by petitioners/accused Nos.2 and 3 under Sec. 439 of the Cr.P.C., for granting bail in Crime No.67/2021 registered by Tyamagondlu Police, Nelamangala and charge sheeted for the offenses punishable under Ss. 120-B, 143, 147, 148, 307 , 302, 204, 35 read with Sec. 149 of IPC and Sec. 65 of Information Technology Act, 2000.

(2.) Heard arguments of the learned counsel for the petitioner and learned HCGP.

(3.) The case of the prosecution is that on the complaint of one Sathish, the Police registered a case against unknown persons on 4/10/2021 alleging that he himself and his friend Jai Shriram had gone to Tumakuru to meet one Girish. Accordingly, at 11.00 a.m., he took his mother's motor cycle and when he reached near the apartment of Jai Shriram, himself, Jai Shriram and his friend Santhosh proceeded to Tumakuru at 1.00 p.m. While riding the vehicle, a luggage vehicle came and dashed them, due to the impact, they fell down. Immediately, 5 persons came in a Black car with deadly weapons and committed murder of Jai Shriram. Then the injured was admitted to hospital where he was declared as dead. The petitioners were arrested on 17/10/2021. This petitioner along with accused No.5 moved the bail petition before this Court in Crl.P.No.8225/2022 which came to be dismissed on 29/9/2022. Once again, the petitioners are before this Court on additional ground that accused No.4 is said to be released Session Judge and other accused persons are already on bail. Hence, the petitioners are before this Court seeking for grant of bail.