(1.) Accused No.1 in S.C.No.135/2022 pending before the Court of II Additional District and Sessions Judge, Mandya, arising out of Crime No.50/2022 of Bindiganavile Police Station, for the offence punishable under Ss. 364 , 302, 201, 130B, 113, 114 read with Sec. 34 of IPC, is before this Court seeking regular bail.
(2.) Heard the learned counsel for the parties.
(3.) Bindiganavile Police, Nagamangala Circle, Mandya District had filed charge sheet against the petitioner and 7 others for the offence punishable under Ss. 364, 302, 201, 120-B, 113, 114 read with Sec. 34 of IPC. In the charge sheet it is alleged that petitioner along with accused Nos.7 and 8 involved in illegal quarrying and crushing activities and on the basis of the complaint lodged by one Si.N.R.Mohan, raid was conducted by the Officials of Mining and Geological Department on the illegal quarry of the petitioner and accused Nos.7 and 8. Thereafter, petitioner along with other accused conspired to kill N.R.Mohan and on 15/5/2022, when N.R.Mohan was riding his motor bike bearing Reg.No.KA-09-EQ-2319, accused No.2, 3, 4, 5 and 7 intercepted him and forcibly took him in their car. Thereafter, accused Nos.2 to 4 allegedly killed the aforesaid N.R.Mohan by assaulting him on his neck, chest and other parts of the body with their hands and legs. It is also stated in the charge sheet that as per the direction of the petitioner, the dead body of the deceased- N.R.Mohan was shifted from the spot of incident and buried in a vacant place. Petitioner was arrested on 20/5/2022. Petitioner's application under Sec. 439 of Cr.P.C., before the trial Court was dismissed on 1/10/2022. Under these circumstances, petitioner is before this Court.