ORAL ORDER

Accused No.7 in Crime No.31/2024 registered by Srirangapatna Town Police Station, Mandya for the offences punishable under Sections 143, 148, 114, 109, 120B, 212, 302, 201 read with Section 149 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.31/2024 was registered by Srirangapatna Town Police Station, Mandya initially for the offence punishable under Section 302 read with Section 34 of IPC against Abhishek and other unknown persons on the basis of the first information dated 11.02.2024 received from Nagendra P.S., who is the father of deceased Prajwal Gowda. During the course of investigation of the case, the petitioner herein was arrested on 01.03.2024. Investigation of the case is completed and charge sheet has been filed against 16 accused persons. The petitioner herein is arrayed as accused No.7 in the charge sheet. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5287/2024 was rejected on 30.09.2024. Therefore, he is before this Court.

4. Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner, who is aged about 23 years is an agriculturist by avocation. The petitioner has no other criminal antecedents and is in custody for the last nearly one year. Investigation of the case is completed and charge sheet has been filed.

Accused No.8 has been granted regular bail by this Court on the ground that the accused persons, who had arrived near the spot of crime in a vehicle were all strangers to the eyewitnesses i.e., CW.2 to CW.4 and no test identification parade was held in the present case in the manner known to law. He submits that on the said ground, the petitioner is also entitled for the relief sought for in the petition. Accordingly, he prays to allow the petition.

5. Per contra, learned High Court Government Pleader, who has opposed the petition does not dispute the submission made by learned Senior counsel appearing on behalf of the petitioner,

6. Perusal of the material on record would go to show that accused No.1 had ill-will against deceased Prajwal Gowda, who was charge sheeted in a criminal case that was registered for murdering his younger brother. It is in this background, accused No.1 had conspired with other accused persons to commit the murder of Prajwal Gowda. On 11.02.2024 when Prajwal Gowda was near the tea shop of CW.3, accused Nos.2, 3, 6 to 8 came there in an Innova car, which was driven by accused No.5 and accused No.4 came there in a two wheeler. Accused No.8 went inside the tea shop of CW.3 and pulled out Prajwal Gowda, who was sitting inside tea sop and accused Nos.2, 3, 4, 6 and 7 allegedly assaulted Prajwal Gowda with deadly weapons and committed his murder. The statement of the alleged eyewitnesses i.e., CW.2, CW.3 and CW.4 was recoded on 12.02.2024 and 13.02.2024 respectively. Perusal of the said statement would go to show that all the accused persons, who had arrived near the tea shop of CW.3 were strangers to CW.2, CW.3 and

CW.4 and after accused persons were arrested, CW.2 to

CW.4 were summoned to the police station and accused persons were shown to them and in the Police Station, the alleged eyewitnesses have identified the accused persons.

No separate test identification parade has been held in the present case in the manner known to law to identify the accused persons, who had committed the crime on 11.02.2024. Undisputedly, the petitioner has no other criminal antecedents and he is aged about 23 years. The petitioner is said to be an agriculturist by avocation and is in custody from 01.03.2024.

7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, following:

ORDER

The criminal petition is allowed.