S. VENKATARAMAN, J.

( 1 ) THE petitioners have filed this petition under Section 439 Cr. P. C. seeking bail. A charge sheet has been filed against the petitioners for offences under sections 394 and 302 read with Section 34 IPC. The prosecution case is that on 12-9- 1993 between 11. 30 and 11-45 p. m. when the complainant, his father Puttaiah and two others were proceeding in an authorickshaw, the accused persons stopped the same near Seshadripuram Railway bridge, threw chilly powder on Puttaiah's face, forcibly took Puttaiah and the complainant in an autorickshaw and near Oklipuram the petitioners and another absconding accused Kutti stabbed Puttaiah and robbed a sum of Rs. 50,550/- along with the bag in which the amount was kept and escaped, and that Puttaiah succumbed to the injuries sustained by him.

( 2 ) THE first petitioner was arrested on 30-10-1993 and the second petitioner was arrested on 11-10-1993 during the course of the investigation of another case by Kengerigate police. They were remanded to judicial custody in that case. On 16-12-1993 the Circle Inspector who was investigating this case, made an application before the Magistrate seeking police custody of the two pet

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