JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. This appeal is filed by accused Nos. 1 and 4 challenging the order dated 21.04.2021 passed in Spl. C.C. No. 181/2017 on the file of XLIX Additional City Civil and Sessions Judge and Special Court for NIA Cases, Bengaluru rejecting their bail application filed under Section 439 of Cr.P.C.

2. Brief facts of the case are that, on the complaint filed by one Sri. Jairam a case was registered at the first instance against two unknown persons for having committed the brutal murder of one Sri. Rudresh on 16.10.2016 near Srinivas Medical Stores, Shivajinagar. Later it is the case of prosecution that accused Nos. 1 to 4 conspiring with accused No. 5 came on two motorbikes, accused No. 2 being the pillion rider of Pulsar Motor Bike which was driven by accused No. 3 struck on right side of neck with sharp lethal weapon machete and they fled away. The said Pulsar motorbike was followed by Apache motorbike on which accused Nos. 1 and 4 were moving. As a result, Sri. Rudresh succumbed to the injuries. Subsequently, on 27.10.2016 accused Nos. 1 to 4 have been arrested. At the first instance Crime No. 124/2016 was registered for the offence punishable under S