DILEEP KUMAR S Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.5 praying to setaside the order dtd. 28/3/2024 passed in Crl.Misc.No.2009/2024 by the LXX Additional City Civil and Sessions Judge, Bengaluru, whereunder, the bail petition of this appellant - accused No.5 sought in respect of Crime No.474/2023 of Byatarayanapura Police Station registered for the offences punishable under Sec. 120B, 143, 147, 148, 302, 201, 212 r/w Sec. 149 of the Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') and Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as "the SC/ST Act "), came to be rejected.

(2.) Heard learned counsel for the appellant - accused No.5 and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 has remained absent and unrepresented.

(3.) Case of the prosecution is that; on 5/12/2023 at about 9.50 pm, the complainant had been to hand over his two wheeler to his friend along with his cousin brother Sri.Arun. After handing over the two wheeler, the complainant along with his cousin brother Sri.Arun standing along with his friend Sri.Selva, all of a sudden, they heard massive sound of the vehicles coming behind them, all of a sudden three to four, two wheelers arrived to the spot and all of them surrounded them, found equipped with the deadly weapons attempted to assault. Apprehending the danger, all of them started running, but the accused persons surrounded Sri.Arun and assaulted him with the deadly weapon and killed him and they went from the spot on their bikes. The charge sheet came to be filed against the appellant - accused No.5 and the other accused for the offences under Ss. 120B, 143, 147, 148, 302, 201, 212 r/w Sec. 149 of IPC and Sec. 3(2)(v) of the SC/ST Act. The appellant - accused No.5 came to be arrested on 7/12/2023 and he is in the judicial custody. The appellant - accused No.5 filed the bail petition in Crl.Misc.No.2009/2023 and the same came to be rejected by the impugned order, which is challenged in this appeal.