(1.) This appeal is filed by accused No. 5 challenging the order dtd. 4/6/202 passed in Crl.Misc. No. 703/2022 by the III Additional District and Sessions Judge, Tumakuru dismissing the bail petition of the appellant sought in Crime No. 3/2022 of Madhugiri Police station for the offence punishable under Ss. 201 and 302 of IPC and Sec. 3(2)(Va) of SC/ST (Prevention of Atrocities) Act,1989.
(2.) Heard the learned counsel for the appellant and Smt. Rashmi Jadhav, learned HCGP appearing for respondent No. 1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.
(3.) Case of the prosecution is that accused No.2 was in love with Ms. X and the deceased Ravi had eloped with Ms.X who was a minor and a case came to be registered against him and he was released on bail and therefore, accused No. 2 was having grudge against the deceased Ravi. Accused No. 1 was also having previous enimity with the deceased Ravi. As the deceased Ravi, after his release on bail, had put the photo of one Maruti @ Polard by writing 'My Boss', accused Nos. 1 to 7 along with juvenile offender conspired and on 11/1/2022 assaulted him with hands. Accused No. 1 assaulted with fist on the face of the deceased. They changed his clothes and took him to hospital where he was reported brought dead. A charge sheet came to be filed against the appellant and other accused for the offence punishable under Ss. 201 and 302 of IPC and Sec. 3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 1989. The appellant - accused No. 5 came to be arrested on 18/1/2022 and he is in judicial custody. Appellant - accused No. 5 filed Crl.Misc.No.703/2022 seeking bail and the same came to be rejected by the impugned order. The said order is challenged in the instant appeal.