GOKUL KRISHNA Vs. ARASU @ VALLARASU

JUDGEMENT

(1.) This petition is filed by accused Nos.6 and 7 under Sec. 483 of BNSS praying to grant bail in Spl.C.C.No.2055/2024 (Crime No.353/2024 of Banaswadi Police Station) pending on the file of Prl.City Civil and Sessions Judge, Bengaluru for the offence punishable under Ss. 37, 120-B, 143, 144, 147, 148, 341, 201, 302, 506 read with Sec. 149 of IPC, Sec. 27(3) of Indian Arms Act, 1959 and Sec. 3(1)(i), 3(2), 3(4) of Karnataka Control of Organized Crime Act, 2000 (for short 'KCOCA').

(2.) Heard learned counsel for the petitioners and learned Addl.SPP for respondent - State.

(3.) Learned counsel for the petitioners would contend that as per averments of the complaint filed by the wife of deceased, she came to know about the incident through Manu (CW.2) that 4 to 5 unknown persons assaulted the deceased. The said Manu (CW.2) is an eye witness to the incident, but he has disclosed the names of assailants to wife of the deceased. In the spot mahazar as well as requisition for P.M. examination, there is no mention of any assailants and assault is stated to be by unknown persons. CW.2 in his statement recorded on 7/5/2024 has disclosed the names of the assailants and in his statement recorded under Sec. 164 of Cr.P.C. on 22/5/2025 has named accused persons and also stated that he informed the incident to the complainant. Considering the fact that CW.2 has not informed the names of assailants to the complainant itself indicate that he was not knowing the names of assailants at the time of incident. In the inquest mahazar name of accused No.10 - Pavan has also been stated as assailants and he has been granted bail. The CCTV footage stated to have been collected has not been furnished to CW.2. Petitioners are not having any criminal antecedents and no case is pending against them and therefore, there is no compliance of Sec. 2(d) of KCOCA. The test identification parade has not been conducted. Filing of more than one charge sheet is required for invoking provisions of KCOCA. On that point he placed reliance on a decision of co-ordinate Bench of this Court in Crl.A.No.1129/2021 c/w Crl.A.Nos. 1103/2021 and 1264/2021 DD 5/10/2021).