The court established that the mere pendency of multiple criminal cases does not automatically justify the denial of bail, and emphasized the importance of proper procedure in recording confessions for them to be admissible in court.

JUDGMENT

SHIVASHANKAR AMARANNAVAR, J.

This appeal is filed by the appellant - accused No.2 praying to set aside the order dtd. 17/11/2023 passed in Special C.C. No.2877/2022 by the Principal City Civil and Sessions Judge, Bengaluru, whereunder, the bail application of this appellant - accused No.2 sought in respect of Crime No.131/2022 of Gubbi Police Station for the offences punishable under Ss. 109, 120-B, 143, 147, 148, 212, 302, 201 r/w Sec. 149 of the Indian Penal Code, 1860 (for short hereinafter referred to as "IPC"), Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as "SC and ST Act"), and Sec. 3(1)(i)(2)(3)(4) of the Karnataka Control of Organized Crimes Act, 2000 (for short hereinafter referred to as "KCOC Act") came to be rejected.

2. Heard learned Senior Counsel for the appellant- accused No.2 and learned High Court Government Pleader for respondent No.1-State. Inspite of service of notice none appears for respondent No.2-complainant and he remained absent and unrepresented.

3. The case of the prosecution is that on 15/6/2022, Gubbi Police Station had registered a case in crime No.131/2022 against 5 to 6 unknown persons in connection with murder of one G.C. Narasimha Murthy, based on a complaint lodged by the son of the deceased namely Sri Manoj K.G.N. On completion of the investigation in the case, the Deputy Superintendent of Police of Sira Sub-Division, Sira laid a charge sheet against 16 accused persons for the offences punishable under Ss. 109, 120-B, 143, 147, 148, 212, 302, 201 read with Sec. 149 of IPC, Sec. 3(2)(v) of the SC and ST Act and Sec. (1)(i)(2)(3)(4) of the KCOC Act.

4. As per charge sheet, case of the prosecution is that on 27/4/2022 at about 8.00p.m accused No.1 and accused Nos.2, 3, 9, 10 and 12 to 16 joined for a dinner in Sy.No.93 of Bikkegudda Village in Gubbi Taluk and entered into criminal conspiracy to murder the deceased and thereafter accused No.1 sought help of accused Nos.4 to 8 and 11 to murder the deceased. It is stated that accordingly accused Nos.1 to 12 entered into criminal conspiracy at room No.106 of Srivari Lodge at Nitturu and in pursuance of such criminal conspiracy, on 15/6/2022 accused Nos.3, 9 and 10 gave information to accused Nos.4 to 8 and 11 about the location of the deceased and based on such information accused Nos.1 and 4 to 8 went to the spot in the car belonging to accused No.10 bearing number KA No.50-4498 and murdered the deceased by assaulting him with deadly weapons. It is stated that even accused No.3 was at the spot, who had arrived at the place in a two wheeler bearing number KA-06-EZ-6702. It is further stated that after coming to know the murder of the deceased accused Nos.2, 11 and 12 absconded from Srivari Lodge in a Swift car bearing number KA-02-MF-5154. The appellant-accused No.2 who was in judicial custody has filed bail application and same came to be rejected by the Sessions Court by impugned order, which is challenged in this appeal.

5. The learned Senior Counsel for appellant- accused No.2 would contend that the FIR has been registered against unknown assailants, the name of this appellant-accused No.2 is not stated in the FIR. Accused No.1 is having motive with regard to business rivalry, as deceased had filed cases against the accused No.1. The deceased has gambling adda, accused No.1 had given complaint regarding gambling adda of the deceased. Assailants are accused Nos.1, 4 to 7, accused No.8 is driver who took accused No.1, 4 to 7 in the car to the spot. The only accusation against this appellant-accused No.2 is that he joined with other accused persons at dinner on 27/4/2022 in the Form House at Bikkegudda Village in Gubbi Taluk and conspired to kill the deceased. The further allegation against this appellant-accused No.2 and other accused persons is conspiracy to kill the deceased in room No.106 of Srivari Lodge, Nitturu on 15/6/2022. The further alleg