APPU @ KUPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned Government Pleader.

(2.) It is the case of the prosecution that on 29.01.2016 at about 3.00 p.m., the complainant Sharma and his brother Sridhar were proceeding on the 4th Cross Road, Siddartha Nagar, Bangalore, at which time the accused namely Modila, Praveena and Venkatesha along with others had assaulted one Vinodkumar @ Appi on the left side of his chest and hurt him on his forefinger and had fled. The complainant along with his brother, had taken Appi to St. Martha's Hospital and had lodged a complaint with the Cottonpet Police. A case had been registered under Section 307 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for brevity). It transpires that on 2.2.2016, Appi died in spite of medical intervention. Thereafter, the case was registered also for an offence punishable under Section 302 IPC. In the course of investigation, Accused Nos.1 to 3 were arrested and it transpires that they had made voluntary statements of their past enmity which led them to commit the murder of Vinodkumar.

(3.) Thereafter, on 4.2.2016, the present accused, namely Accused Nos.4, 6 and 9 along with Accused No.5 were said to have been arrested and it is on the basis of their voluntary statements that they have been implicated. The present petitioners having approached the court below seeking bail, the same has been rejected on the ground that a serious offence has been committed and that in view of the voluntary statements and recovery of a knife from the accused, the petitioners have not made out a case for enlargement on bail and that if they are enlarged on bail, it is likely that they would jump bail and that granting bail would send a wrong message to the Society and therefore, has rejected their bail petition.