SANKETH K Vs. STATE

JUDGEMENT

(1.) This appeal is filed by accused No. 8 praying to set aside the order dtd. 3/2/2023 passed in Crl.Misc. No. 378/2023 by LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru rejecting the bail petition sought in respect of crime No. 138/2022 of Cubbon Park Police station for the offence punishable under Ss. 302, 201, 343, 364, 307, 504, 506 read with Sec. 149 of IPC and Ss. 3(2)(v) and 3(1)(e) of the SC ST (Prevention of Atrocities) Act, 1989.

(2.) Heard learned counsel for the appellant and learned HCGP for respondent No. 1 - State. On service of notice respondent No. 2 remained absent and unrepresented.

(3.) Gist of the prosecution case is that on 22/12/2022 the ACP of Cubbon Park Sub-Division received anonymous complaint with pen-drive which was registered under application No. Q1PS/PET/GNL-249/2002 who inturn forwarded the said complaint to PI of Cubbon Park Police Station to ascertain the truth of the complaint. Accordingly the PSI of Cubbon Park Police Station collected information and lodged complaint stating that deceased Sharath Kumar was a resident of Konanakunte village and had borrowed loan from various persons and did not repay the same. Accordingly the persons who had given the loan to the deceased Sharath Kumar entrusted the work of recovery of loan to accused No. 3 who inturn entrusted the recovery to accused Nos. 1, 2, 5 and 8. Accused Nos. 1, 2, 5 and 8 kidnapped the deceased Sharath Kumar in the car belonging to accused No. 10 with the assistance of accused Nos. 4 and 6 and he was wrongfully confined in the farm house belonging to accused No. 8 for 6 to 7 days and during the said period he was brutally assaulted and caused to death. Thereafter, the accused persons shifted the dead body of the deceased in the car belonging to accused No. 9 with the help of accused Nos. 4 and 7 and threw the same in Charmadi Ghat with an intention to cause disappearance of evidence.