The individual role of the accused is not required to be considered when they are alleged to have been part of an unlawful assembly, and the seriousness of the offences is a relevant factor in bail decisions.

JUDGMENT

H.P. Sandesh, J. - This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No. 16 in Crime No. 90/2021 of Robertsonpet Police Station, K.G.F., for the offences punishable under Sections 143, 144, 147, 148, 341, 307, 302, 212, 201 read with Section 149 of IPC.

2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

3. The factual matrix of the case of the prosecution is that on 23.10.2021 at around 10:30 p.m., when the complainant, deceased and others reached near Loodran Church, in front of their Car, a car was stopped and suddenly caused the accident on the backside of the vehicle. Hence, the driver of their Car stopped the vehicle and the assailants have surrounded their vehicle and assaulted with long and knife, as a result, he himself sustained the injuries on the left cheek and the Car Driver sustained the injuries on the right hand, and also inflicted the injuries on the head of Ajay, as a result, he fell down and the injured Rajkumar tried to escape from the spot and he was chased from the accused persons and inflicted injuries and immediately he was taken to the hospital, thereafter, he was referred to Bengaluru Hospital and the injured succumbed to the injuries. The police have registered the case, investigated the matter and filed the charge sheet. In the charge sheet, the specific allegations are made against accused Nos. 1 to 8, this petitioner and accused No. 12 that they have chased the victim into the passage in E.T. Block and assaulted with a long and other accused persons repeatedly assaulted on his face, back and other parts of the body, as a result, he sustained 18 injuries.

4. The learned counsel appearing for the petitioner would submit that this petitioner is in custody from the last 7 months and he also undergone heart surgery and no specific overt act allegation is made against this petitioner and only an allegation made is that along with other accused persons, he also chased and inflicted injuries. Thereafter, after committing the murder, screened the evidence by destroying the clothes and also the weapons which they have used are thrown in the water in the plastic bag. When there is no specific allegation against the petitioner herein, he may be enlarged on bail. The learned counsel also brought to the notice of this Court that accused Nos. 18 and 19 were enlarged on bail.

5. The learned counsel for the petitioner also stressed upon the statement of the alleged eye witnesses that there is a discrepancy that they came to know about the incident but the Court has to take into note of the total statement of eyewitness, wherein, they have stated that they are along with the injured and also they have sustained the injuries. Hence, the contention that they came to know about the information in the bottom of the statement will not pressed into the aid of the learned counsel for the petitioner as contended. The Court has to take note of in-toto statement of the injured witnesses while considering the bail petition.

6. Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner is also a part of unlawful assembly and all of them inflicted injuries with deadly weapons and as a result the victim has sustained 18 injuries. There are eyewitnesses to the incident, who are there along with the victim and they have also sustained the injuries and also an attempt is made to take away the lives of eyewitnesses. Hence, there is a prima facie case against the petitioner.

7. Having heard the respective counsel and on perusal of the material available on record, taking into note of the material collected by the Investigating Officer, the specific allegations are made against this petitioner along with other accused persons that when the victim tried to escape from the clutches of the assailants, all of them have chased and accused No. 1 infli