ORDER :

Criminal Petition No.101484/2020 filed by the accused Nos.7, 10, 20 and 21, Criminal Petition No.101613/2020 filed by the accused Nos.6, 8, 12 and 17, Criminal Petition No.100057/2021 filed by the accused No.18. Above three petitions have been filed under Section 439 of Cr.P.C for granting regular bail, whereas Criminal Petition No.100068/2021 filed by the accused No.15 under Section 438 of Cr.P.C for granting anticipatory bail.

2. Since all these petitions are arising out of the same crime registered by the Cowlbazar Police Station in Crime No.108/2020 for the offences punishable under Sections 143, 102B, 212, 147, 148 and 302 of IPC read with Section 149 of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST PA Act’) and Sections 4, 25 1(B) of the Indian Arms Act.

3. Heard the arguments of learned counsel for the petitioners Sri.B.Anwar Basha as well as Sri.Srinivas B. Naik, Sri J.Basavaraj and learned HCGP Miss Seema Shiva Naik for respondent-State.

4. The case of prosecution is that on the complaint filed by the brother of deceased namely-Gopal Naik on 25.07.2020 the police registered a case against accused No.1-Ajay Kishor and other unknown persons. It is alleged by the complainant that he is having brothers namely Ramesh Naik, C.D. Ravi and Manju Naik. His one of the elder brother-C.D.Ravi has been murdered by the accused No.1 and his gang in the year 2014 and a murder case has been registered against the accused No.1 and his gang members, which is pending before the Sessions Court. About 2-3 months prior to the present incident, the accused No.1 approached his another brother-Ramesh Naik-deceased for compromising the (C.D.Ravi) murder case and also threatened to kill him, if he has not compromised the case and in turn, his brother-Ramesh Naik-deceased told about the same and the said Ramesh Naik refused to compromise the said case. However, he has not chosen to file any complaint against the accused No.1 before the police. Such being the case, on 25.07.2020 at about 4.30 p.m. his brother-Manju Naik telephoned him and told that his brother-Ramesh Naik has been attacked by the accused No.1-Ajay Kishor and his gang. Immediately, he went to the spot and saw his brother brutally assaulted and killed and he has shifted his brother to the hospital, where he has declared as died. He also given the auto rickshaw number in which the accused No.1 and 5 came and murdered his brother. Based upon the complaint, police registered the case. During the investigation, they have arrested the accused persons and they have been remanded to judicial custody. Police also filed charge sheet after completion of the investigation.

5. The accused Nos.6, 7, 8, 10, 12, 17, 18, 20 and 21 have moved bail applications before the Sessions Judge for granting regular bail, which came to be rejected. Hence, they are before this Court. Whereas, accused No.15 has been apprehends his arrest in the hands of the police and he has moved anticipatory bail before the Sessions Judge, which also came to be rejected. Hence, he is before this Court.

6. The learned counsel Sri B. Anwar Basha appearing for the petitioners in Criminal Petition No.101484/2020 and Criminal Petition No.101613/2020 has contended that the petitioners are innocent of the alleged offences. Their names have not been mentioned in the FIR. Even otherwise the dispute is only between the accused No.1 and deceased. These petitioners are nothing to do with the commission of offences. Even otherwise, the allegations against other petitioners are that after commission of the murder by accused Nos.1 to 5, they went to the house of accused No.10-Lokesh and stayed their along with him for 2 hours, where accused Nos.6 and 20 have purchased liquor and drunk together. Later, they are all went to Kurugodu along with accused No.21 and stayed at Kurugodu. After meeting the accused No.9, they went to Harihar. On 01.08.2020, accused