SRIKANTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed U/s 438 Cr.P.C. seeking for anticipatory bail to release him in the event of his arrest in Crime No.319/2015 registered in T. Narasipura Police Station which is now pending in C.C.No.76/2016 before the Sr. Civil Judge and JMFC, T.Narasipura, for the offences punishable under Section 143, 147, 148, 323, 341, 302 read with Section 149 IPC.

(2.) The case of the prosecution is that on 26.11.2015 at about 6.00 a.m., the petitioner along with other eight persons formed unlawful assembly and armed with deadly weapons, assaulted Ramesh. The accused No.1 assaulted said Ramesh with deadly weapons on his chest. Thereafter A -2 assaulted on the face of said Ramesh. The accused No.3 held the deceased, so as to enable A1 and A2 to assault him. In the complaint it was specifically stated that the accused 4 to 9 came in an autorickshaw, surrounded and assaulted said Ramesh. However, he died on the way to hospital. On the basis of the said complaint, a case has been registered for the offences punishable U/Ss 143, 147, 148, 341, 323, 302 r/w Section 149 IPC.

(3.) The petitioner earlier had approached this Court in Crl. P. No.8818/16 seeking for anticipatory bail along with other two other accused. This Court granted bail in respect of petitioner No.2 and rejected the bail in so far as petitioners No.1 and 3. Subsequent to the filing of charge sheet, the petitioner once again filed Crl. Misc. No.650/2016 on the file of the Prl. District and Sessions Judge at Mysore seeking anticipatory bail U/s 438 Cr.P.C. The said petition was rejected by the Learned Sessions Judge on the ground that there are eye witnesses to the offence, the accused is not entitled for the bail. Thereafter, the petitioner approached this Court by filing the present petition.