IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.3027/2019 BETWEEN:
1. B.K.ASHWINI AGNI S/O KRISHNAMURTHY AGED ABOUT 18 YEARS STUDENT, R/AT KARAGAL ROAD BIRUR -577116 2. JEEVAN.B.N S/O B.P.NAGARAJ AGED ABOUT 18 YEARS ENGINEERING STUDENT R/AT KARAGAL ROAD, 9TH WARD BIRUR TOWN-577 116 PRESENTLY R/AT MALLESHWARAM GAYATHRINAGAR BENGALURU- 560 021 ...PETITIONERS (BY SRI DHANANJAYA C.M. ADVOCATE) AND:
STATE OF KARNATAKA BY THE KADUR POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU-560001 ..RESPONDENT (BY SMT. NAMITHA MAHESH B.G, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN S.C.NO.130/2018 (CR.NO.148/2018) REGISTERED FOR THE OFFENCE P/U/S 302, 201 R/W 34 OF IPC OF KADUR POLICE STATION, CHIKMAGALUR.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This is second successive bail petition of the petitioners. They are facing trial in S.C.No.130/2018 based on the charge sheet filed by respondent police in Crime No.148/2018 for the offences punishable under Sections 302, 201 read with Section 34 of IPC on the file of II Additional District & Sessions Judge, Chikmagalur.
2. It is alleged that due to some ill will, petitioners conspired with co-accused to commit murder of Rohan. It is alleged that in execution of such conspiracy, on 03.07.2018 they lured the victim to board Car bearing No.KA-06/N-3993 in the guise of giving drop, petitioners took him to an isolated place near Lingadahalli, strangulated him with a veil and committed his murder. They disposed of the dead body in forest area by the side of Tarikere, Chikkamagalur.
3. Learned Counsel for petitioners submits that the case is based on circumstantial evidence and petitioners who are students are in judicial custody since 04.07.2018 and witness to the circumstance of motive is not examined. Therefore, petitioners are entitled for bail.
4. Smt.Namitha Mahesh.B.G, learned High Court Government Pleader submits that earlier bail petition was dismissed on merits and there are no change in the circumstance to reconsider the matter. She further submits that on the basis of the voluntary statement and at the instance of petitioners, dead body and all the incriminating materials were discovered.
5. This Court on 17.01.2019 dismissed the petition of the petitioners on merits considering charge sheet material. There is no change in circumstance to reconsider the petition.
6. Learned Counsel for the petitioners relies upon the orders of this Court in Crl.P.No.7858/2018 and Crl.P.No.895/2019. The said orders are not applicable to the facts of the case and they have no precedental value in bail matter. Therefore, the petition is dismissed.
Sd/- JUDGE KSR