The main legal point established in the judgment is that the court may refuse bail if there is prima facie evidence of the accused's involvement in a criminal conspiracy and if there is a risk of witness tampering or further criminal activity if the accused is released on bail.

JUDGMENT

K. Natarajan, J. - This second successive bail petition is filed by the Petitioner Under Section 439 of Cr.P.C., for granting bail in Crime No. 150/2020 registered for the offence punishable Under Sections 201, 302, 307, 149 read with Section 120B of the Indian Penal Code, 1860 (henceforth referred to as 'IPC for short) by the Srirangapatna Rural Police Station, Mandya District.

2. Heard the arguments of learned Counsel for the Petitioner and learned High Court Government Pleader for the Respondent - State.

3. The case of the prosecution is that on the complaint of one Pavankumar, who is the eye-witness to the incident filed a complaint to the Police on 03.10.2020 alleging that on 02.10.2020 at about 7.45 p.m., the complainant along with his friends Chamaraja M and Poornachandra (deceased) were talking in a shed belongs to Athmananda Store Crusher and M Sand Crusher in Jakkanahalli Village. At about 8.30 p.m., one Nanjunda came and gave food to the complainant and went away. The complainant and his friends were having dinner and at that time, Accused No. 2-Vinay came and opened the door and saw the complainant and other two were having dinner and after seeing them, he informed that he will come in 10 minutes. Accused No. 2-Vinay (earlier he was Accused No. 1 in crime stage) and Accused No. 3-Shrinivasa @ Seena and other Accused came to the spot by holding long, threatened the complainant and his friends. Thereafter, all the Accused persons dragged out Poornachandra from the room and assaulted him with long (sword) and when the complainant came for rescuing the said Poornachandra, the Accused persons also assaulted him. Thereafter, the complainant and others took the injured Poornachandra to the hospital, wherein he succumbed to the injuries. The Police registered a case against five unknown persons by showing the names of Vinay and Sreenivas. After registering the case, the police arrested the Accused persons and they were remanded to the judicial custody. This Petitioner was arrested on 09.10.2020. Initially, the Petitioner approached this Court for granting bail in Criminal Petition No. 7266/2020, which came be dismissed on 29.03.2021. Subsequently, the Petitioner also filed another criminal petition before this Court in Criminal Petition No. 5843/2021, which came to be dismissed on 13.09.2021. In the meanwhile, the Petitioner said to be approached the Hon'ble Supreme Court in SLP No. 3811/2021, where the Hon'ble Supreme Court uphold the order passed by this Court, however, liberty was granted to the Petitioner to approach this Court after a period of six months vide order dated 28.05.2021. Hence, the Petitioner approached this Court by way of second successive bail petition.

4. Learned Counsel for the Petitioner has contended that the Petitioner is innocent of the alleged offences. He has been falsely implicated in the alleged offences. Only on the basis of the statement of C.W.5, who is the complainant in S.C. No. 5109/2014, a false case has been registered against this Petitioner. After full fledged trial, the Petitioner was acquitted in the said case. Even otherwise, in the charge sheet, the police have stated the offence punishable Under Section 120-B of IPC. Except the allegation that there is criminal conspiracy with the other Accused persons, no other allegations are attributed against this Petitioner. There is no material placed on record to show the involvement of the Petitioner in committing the murder of the deceased - Poornachandra. In view of the liberty granted by the Hon'ble Supreme Court, the Petitioner approached this Court for granting bail.

5. Per contra, learned High Court Government Pleader seriously objected to grant bail to the Petitioner and contended that offence punishable Under Section 302 read with 120B of IPC has been registered against this Petitioner. The bail petition filed by the Petitioner was rejected by this Court after registering the case by the Hon'ble Supreme Court. Therefore, he