The recovery of incriminating evidence, including the murder weapon and blood-stained clothes, along with the gravity of the offense, influenced the court's decision to dismiss the bail petition.

JUDGMENT

V. Srishananda, J. - Heard Sri.Chandan B.K. for Smt. Sruti C Chaganti, learned counsel for the petitioner and Sri. Vishwamurthy S, learned HCGP for the first respondent-State and perused the records.

2. Present petition is filed under Section 439 of Cr.P.C. with the following prayer:

'Wherefore, the petitioner humbly prays that this Hon'ble Court be pleased to enlarge the petitioner/accused No.2 on bail in S.C.No.15010/2020 in Cr.No.102/2019 registered by the respondent police for offences punishable under Sections 120-B, 114, 302 and 34 of Indian Penal Code, 1860 pending on the file of the Learned V additional District and Sessions Judge, Bangalore Rural, at Devanahalli, and pass such other order/s in the circumstances of the case, in the interests of justice'.

3. The brief facts of the case are as under:

The complaint came to be lodged by Sri.Naveenkumar son of late Narayanaswamy on 24.12.2019 to Chennarayapatna police contending that the complainant is residing in Tumkuru for his avocation and his mother residing in Kaggalahalli and she was looking after the agricultural operation and also dairy operation. On 23.12.2019, he had spoken to his mother and thereafter, he received a call from the neighbour-Krishnappa that the house of the mother of the complainant is locked. He thought that she must have gone somewhere. again, he telephoned to Bhagyamma, another neighbour and she replied that since morning 10.00 am, she has seen the house under lock. Immediately, the complainant and his brother on suspicion and visited Kaggalahalli and after opening the door, he saw the dead body of his mother. He has seen number of blood injuries on the face. The mouth of the dead body was gagged with a cloth. The gold chain which was there in the neck of the mother of the complainant was missing and so also door of the almira was forcibly opened and valuables therein was thieved away by somebody. Based on the said compliant, the police registered a case in Cr.No. 102/2019 for the offence under Section 302 of IPC against one Nagesh. Police investigated the matter. During the investigation, police apprehended Nagesh and Lakshmisha(present petitioner). Based on the voluntary statement, the investigation agency is able to recover the machete used in this incident to takeaway the life of deceased Rathnamma and which was sent to the FSL. The blood stained clothes were seized so also gold chain said to have been thieved during the incident is recovered by the investigation agency. after receipt of the FSL report, the police completed the investigation and filed charge sheet against the accused.

4. The attempt made by the petitioner to seek grant of bail is turned down by the learned V addl. District Judge, Bangalore Rural District at Devanahalli by order dated 01.03.2021 in S.C.No.15010/2020. Thereafter, petitioner is before this Court.

5. Learned counsel for the petitioner reiterating the grounds urged in the bail petition vehemently contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the incident. He further contended that even according to the prosecution, the incident has occurred at the instance of the 1st accused who has been granted bail by the learned District Judge and therefore, present petitioner is also entitled for an order of bail on the ground of parity. He also contended that the continuation of the accused in judicial custody is no longer warranted, in view of the fact that the charge sheet is filed and the petitioner would be ready to abide by any conditions imposed by this Court, if he is enlarged on bail.

6. Per contra, learned HCGP opposes the bail petition on the ground that the investigation agency initially registered a case against one Nagesh. During the investigation, after apprehending Nagesh, based on the voluntary statement given by Nagesha, the present petitioner has been apprehended by the investigation agency. On his arrest, voluntary statement has been r