(1.) This successive bail petition is filed by accused No.2 under Sec. 439 of Cr.P.C. for granting regular bail in S.C.No.135/2021 arising out of Crime No.247/2020 registered by Thunganagar Police Station, Shivamogga for the offences punishable under Ss. 302, 120B r/w. Sec. 34 of IPC.
(2.) Heard Sri.M.Krishne Gowda, learned counsel for the petitioner and Sri.S.Vishwamurthy, learned High Court Government Pleader for the respondent/State.
(3.) The case of the prosecution is on the complaint of one Fathima Khanum, the mother of the deceased filed on 3/6/2020 before the police alleging that accused No.1 and the deceased were said to be doing kabab business at Shivamogga and their partnership was broken; But accused No.1 did not pay the capital amount and the deceased was demanding for refund of capital amount which was given by him for doing business and there was quarrel between them prior to the incident. Subsequently, on 3/6/2020 accused No.4 came to the house and took the deceased. Later, accused Nos.1 to 3 have committed the murder of the deceased.