OM PRAKASH DEVASI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This successive bail petition is filed by the petitioner/accused No.5 under Sec. 439 of Cr.P.C. for granting regular bail in SC No.1954/2022 arising out of Crime No.60/2022 registered by Chamarajpet Police Station, Bangalore for the offence punishable under Sec. 381, 302, 120(B), 34 and 35 of IPC.

(2.) Heard the arguments of learned senior counsel for the petitioner and learned High Court Government Pleader for the State.

(3.) The case of the prosecution is that on the complaint of one J Prakash chand, the police registered the case against accused No.1 for the offence punishable under Ss. 381 and 302 of IPC. It is alleged that accused No.1, Bijram committed the murder of the father of the complainant and looted the gold ornaments, silver articles and cash from the house. During the investigation, the police arrested accused No.1. His voluntary statement was recorded and he was remanded to judicial custody. During the confessional statement of accused No.1, he has confessed that the petitioner herein is also involved in the said offence, who said to have given the idea for committing murder and theft from the employer of accused No.1. Accordingly, accused No.1 conspired with the present petitioner and his brother accused No.4, committed the offence and stole a huge quantity of gold and silver articles and cash. Accordingly, Rs.45,00,000.00 is said to be recovered from the custody of the petitioner and his brother, based on the voluntary statement of the accused. The petitioner was arrested and remanded to judicial custody. His earlier bail petition came to be rejected on 29/11/2022 and once again, the petitioner is before this Court.