Bail application denied due to strong evidence against the petitioner, emphasizing distinct involvement in a murder characterized as an ‘Honour Killing.’

ORDER :

1. Petitioner/accused No.1 is seeking to enlarge him on bail in S.C.No.71/2023, pending on the file of III Additional District and Sessions Judge, Ramanagara.

2. Heard the learned Senior counsel Sri Sandesh J. Chouta for Sri Raghavendra appearing for petitioner and Sri Rangaswamy R., learned High Court Government Pleader appearing for the State. Perused the material on record.

3. Crime No.103/2023 was registered at Ramanagara Police Station for the offence punishable under Section 143, 120B, 341, 307, 302, 114 r/w 149 of IPC against accused Nos.1 to 6 and four others, on a complaint lodged by one Nagaraju S/o late Byaraiah, father of deceased Ashwath.

4. Investigation of the case culminated in filing chargesheet against 9 accused, for the offence punishable under Section 143, 120B, 341, 307, 302, 114 r/w 34 of IPC.

5. The case of prosecution is that CW-2 Sahana and deceased Ashwath, though related, were in a relationship for about 6–7 years which was opposed by CW-2’s elder brother, accused No.1 i.e., petitioner, and her mother accused No.5. On 17/02/2023, CW-2 and the deceased married at Dharmasthala, without informing their families, and began residing together in the house of deceased. It is alleged that accused no.1 and 5, harboring resentment, conspired with the other accused to murder both. On 11/04/2023, upon learning that CW-2 and the deceased would attend beegara otta ceremony at Feroz Farm near Janapada Loka, the accused prepared to execute the plan. At about 1:45 PM, while the couple were retuning on a Bullet motorcycle bearing Reg. No. KA-42-X-5634, proceeding towards K.G. Hosahalli via Kotahalli Gate, the accused armed with deadly weapons (2 long, 2 daggers, a knife, and a machete) intercepted them near Ramesh’s house on the public road. It is alleged that accused no.1 caught hold of the deceased by the collar, forcibly took his mobile phone and vehicle key, while accused no.3 pushed CW-2 from the motorcycle. As the deceased attempted to escape, the accused chased him. Accused no. 1 assaulted him with a long chopper on his back, head, and arms. Thereafter, accused no.1 and 2 repeatedly assaulted him on the head and shoulder with long choppers, while Accused 3 stabbed his skull and shoulder with the dagger, causing grievous injuries resulting in instant death. When CW-1 to CW-5 rushed to rescue, Accused no. 4 threatened them. Accused no.1 with an intention to kill CW-2, swung a long chopper at her however, she evaded the blow, sustaining a simple bleeding injury to her left hand.

6. Petitioner is arraigned as accused No.1. He was arrested on 12.04.2023. The learned Sessions Judge has dismissed his application for bail. Hence, this petition.

7. The learned Senior counsel appearing for petitioner contended that, the role attributed against the petitioner in the chargesheet, does not materially differ from that of the co-accused, allegations against accused Nos.1 to 3 are identical and since accused Nos.2 and 3 are granted bail, petitioner is entitled to be enlarged on bail on the ground of parity, as he is standing on the same footing.

The learned Senior counsel further contends that the alleged eyewitnesses are planted, CWs.3 and 4 are introduced at a later stage and CW.1 himself came to the spot nearly 30 minutes after the incident. Further, CW.2 – Sahana, who has been shown as an injured eyewitness, did not sustain any grievous injuries and if she was present at the spot, she would have lodged the