JUDGMENT :

This appeal is filed by accused No.5 challenging the order dated 3rd day of December 2018 passed in Special C.C. No.181/2017 on the file of 49th Additional City Civil and Sessions Judge (Special Court for trial of NIA cases) at Bengaluru rejecting the bail application filed under Section 439 of Code of Criminal Procedure, 1973 and to release him on bail.

2. The brief facts of the case are that, on the complaint of one Sri Jayaram, a case was registered at the first instance against two unknown persons for having committed the brutal murder of one Rudresh on 16.10.2016 near Srinivasa Medical Store, Shivajinagar. Later, it is the case of the prosecution that the accused Nos.1 to 4 conspiring with accused No.5 came on two motor bikes, accused No.2 being the pillion rider of Pulsar Motor bike hacked Rudresh with a sharp lethal Machate on right side of the neck and fled away. As a result, Rudresh succumbed to injuries. Subsequently, on 27.10.2016, accused Nos.1 to 4 have been arrested. At the first instance, Crime No.124 of 2016 was registered for the offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code (for short, ‘the IPC’). Based on the s