MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/Accused No.5 has filed this petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Crime No.93/2022 of Gundlupet Police Station, Chamarajanagar District, for the offences punishable under Ss. 143, 147, 323, 427, 120-B, 341, 302 read with 149 of IPC, pending before the Court of Additional District and Sessions Judge, Chamarajnagar District, sitting at Kollegala, in SC No.5074/2022.

(2.) The brief facts leading to the case are that, the complainant-Vinodraj was in love with CW.9- Sonakshi, who is the sister of Accused No.2. The complainant used to meet CW.9 regularly and in this regard, the accused have warned the complainant not to continue his love relationship with CW.9. The deceased Chikkaraju is the elder brother of the complainant. On 2/4/2022, the deceased Chikkaraju came to his village from Bengaluru and accused were suspecting that he has instigated the complainant. It is further alleged that, on 2/4/2022 at 7.30 p.m., Accused Nos. 1 & 2 approached the complainant and deceased and asked the deceased to come near Gundlupet town to discuss about the love affair of the complainant and CW.9. The deceased along with one Nandeesha went to the spot and Accused Nos. 1 & 2 have assaulted the deceased with hands and warned him not to encourage the complainant to get involve in love affair with CW.9 viz., sister of Accused No.2. It is the further case of prosecution that the deceased returned home along with said Nandeesha and narrated the incident. When the complainant along with Nandeesha and deceased proceeding to Gundlupet Government Hospital to get treatment to the deceased, at 9.30 p.m., the accused intercepted their motor cycle near Aralikatte in Hosur Village and forcibly taken away the deceased and Accused Nos. 1, 2 and 4 to 6 assaulted him by hands, while Accused No.3 stabbed the deceased, who suffered grievous injuries. Immediately he was shifted to the hospital, wherein he was declared brought dead. In this regard, the complainant has lodged a complaint and on the basis of complaint, the crime was registered in Gundlupet Police Station in Crime No.93/2022 and subsequently, after investigation, charge sheet has been submitted. The petitioner arraigned as Accused No.5. Initially the petitioner has filed anticipatory bail petition in Criminal Petition No.9653/2022 and this Court by Order dtd. 14/10/2022 dismissed the same. Thereafter, the petitioner surrendered before the learned Magistrate and now he is in Judicial Custody.

(3.) The petitioner/Accused No.5 subsequently approached the learned Sessions Judge seeking regular bail and that petition came to be rejected, and hence, he is before this Court.