BALARAJA Vs. STATE

JUDGEMENT

(1.) The petitioner is accused no.1 in Crime No.116/2016 of Siddapura Police Station, which is now pending in S.C.No.1219/2016 pending before the LXVI Additional City Civil and Sessions Judge (CCH-67) at Bengaluru. Respondent police have charge sheeted the petitioner and three others in that case for the offence punishable under Section 302 of IPC read with Section 34 of IPC.

(2.) It is alleged that on 15.05.2016 at 7.15 a.m., there was a petty quarrel between the victim Rajesh.S and the accused in front of Harsha bar. It is further alleged that due to that enmity, on the same day, at 8.45 a.m., when the victim Rajesh and CW 2 were proceeding from Harsha Bar near Mr.Raj Industries building, accused Nos.1 to 4 assaulted Rajesh with wooden repiece and by hands. It is alleged that Rajesh succumbed to those injuries. Thereafter, CW 2 and CW 3 have shifted the victim Rajesh to Nimhans hospital.

(3.) The Sessions Court has rejected the bail application of the petitioner. Sri.Basavaraju.T.A, learned counsel for the petitioner contends that the hospital records show that at the first instance, the victim was admitted into the hospital with a history of road traffic accident and thereafter, the prosecution has woven a story of murder. He further contends that there is inordinate delay in recording the statements of the alleged eye witnesses and there is no prima facie material to implicate the petitioner. He contends that the petitioner is in custody since one year and the petitioner is ready to abide by the conditions that may be imposed by this Court.