CHETAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 in S.C.No.908/2022 pending before the Court of LVIII Additional City Civil and Sessions Judge, Bangalore arising out of Crime No.2/2022 registered by R.M.C. Yard Police Station, Bengaluru City for the offences punishable under Ss. 302, 201, 120B and 506 read with Sec. 34 of IPC is before this Court under Sec. 439 of Cr.P.C., seeking regular bail.

(2.) Heard the learned counsel for the parties.

(3.) On the complaint of Anniyamma W/o Rajappa dtd. 7/1/2022, FIR in Crime No.2/2022 was registered by R.M.C. Yard Police Station, Bengaluru City initially for the offences punishable under Sec. 302 read with Sec. 34 of IPC against 3 to 4 unknown persons. In the complaint, it is averred that deceased Chandra was the brother of the complainant and he was married to Jennifer, who had recently deserted him. About a week prior to the date of complaint, Chandra had left the house and he did not have any mobile phone with him. On 7/1/2022, the complainant was informed by Ravi from A.P.M.C. Yard that her brother Chandra was lying in a mini bus, which was parked behind Orion Distilleies. At about 5:00 p.m., the complainant went to the spot and found the dead body of her brother. On enquiry, she was informed that about three to four persons had assaulted him at about 12:00 in the noon and it is in this background she had approached the Police and lodged the complaint which had resulted in registering FIR in Crime No.2/2022 by R.M.C. Yard Police Station against 3-4 unknown persons. During the course of investigation, the petitioner was arrested on 17/1/2022. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences against three persons and the petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Court of the LVIII Additional City Civil and Sessions Judge, Bengaluru in Crl.Misc.No.1230/2023 was dismissed on 17/2/2023. It is under these circumstances, the petitioner is before this Court.