(1.) Petitioner/accused No.1 is seeking to enlarge him on bail in S.C.No.66/2023 pending on the file of V Additional District and Sessions Judge, Mandya.
(2.) Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State and perused the material on record.
(3.) Charge sheet is filed against accused Nos.1 to 4 for offences punishable under Ss. 120B , 302 , 201 r/w 34 IPC in respect of an incident which occurred on 10/11/2015 at about 8.30 p.m. wherein, the accused are alleged to have committed the murder of one Anilkumar by strangulating him with a towel, on the ground that he was having an illicit affair with the wife of accused No.1. Petitioner is arraigned as accused No.1. He was arrested and enlarged on bail. But, thereafter he absconded and therefore, the learned magistrate has split up the case against him and committed the case to the Court of Sessions, which was numbered as S.C.No.11/2017 and trial was held against accused Nos.2 and 4. The material on record further reveal that the accused filed Crl.Misc.No.375/2018 and obtained bail and appeared before the learned Magistrate in CC No.84/2016 and obtained regular bail but subsequently he again remained absent and therefore warrant came to be issued and he was later secured on 17/12/2022 and since then he is in judicial custody.