SWETHA T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.4 has filed this appeal seeking setting aside the order dtd. 21/3/2022 passed in Crl.Misc.492/2022 by the learned II Additional District and Sessions Judge & Special Judge, Bengaluru Rural District, Bengaluru rejecting the bail petition of the appellant/accused No.4 sought in Spl.C.903/2021 (Crime No.427/2021 of Madanayakanahally police station) for the offences punishable under Ss. 143, 147, 148, 302 , 109, 120B, 150 read with 149 of IPC and Sec. 3(2)(v) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

(2.) Heard the learned counsel appearing for appellant/accused No.4, learned HCGP for respondent No.1-State and learned counsel for respondent No.2.

(3.) The case of the prosecution as per charge sheet is that the deceased Kiran Kumar, S/o. C.W.1 had illicit relationship with appellant/accused No.4 since 2015. Four months prior to 5/9/2021, the appellant/accused No.4 had illicit relationship with accused No.1. When the deceased came to know about it, he made galata with accused Nos.1 and 4 and assaulted appellant/accused No.4 due to which accused Nos.1 to 5 conspired to kill the deceased. Accused Nos.1 and 4 gave supari to accused Nos.2 and 3 in a sum of Rs.1,00,000.00 and gave advance of Rs.10,000.00. Accused No.1 gave Yamaha Passion motorcycle bearing Reg.No.KA-42-EQ-2880 to accused Nos.2 and 3 to commit the offence. As per the say of accused No.1, accused Nos.2 and 3 changed the number plate of the above said vehicle as KA-01-HR-9710 through CW.30 and accused No.2 contacted remaining accused persons in mobile phone through whatsapp and accused No.1 gave information to accused Nos.2 and 3, accused No.2 riding the bike and accused No.3 was a pillion rider, on 5/9/2021 at about 6.45 a.m., they followed the car bearing No.KA-4-M-1966 driven by the deceased from his house i.e., he was proceeding towards deserted area, from Lakshmipura Road to Narasimhamurthy decoration shed, near road cross, lonely area, they in the guise of asking address stopped the deceased and restrained him. Accused No.3 stabbed him with knife on the chest, neck and back of the deceased and caused bleeding injuries. The deceased was shifted to hospital but he died on 6/9/2021 at 6.15 p.m. The mother of the deceased CW.1 had filed complaint against the appellant/accused No.4 and five others. The charge sheet is not filed against these five others. The charge sheet has been filed against accused Nos.1 to 5 for the offences under Sec. 143 , 147, 148, 341, 302, 109, 120B, 201, 150 read with 149 of IPC and Sec. 3(2)(v) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. The appellant/accused No.4 came to be arrested on 19/9/2021 and hence he is in judicial custody.