Accused No.1 in S.C. No.756/2023 pending before the

Court of LV Additional City Civil and Sessions Judge, Bengaluru

arising out of crime no.321/2022 registered for the offences

punishable under Section 302 read with Section 34 of Indian

Penal Code (for short hereinafter referred to as 'IPC') by

Sampigehalli Police Station, Bengaluru City, is before this Court

under Section 439 of Cr.P.C. seeking regular bail.

2.

Heard the learned counsel appearing for the

petitioner and learned High Court Government Pleader for

respondent - State.

3.

Facts leading to the filing of this petition narrated

briefly are:

On the basis of the complaint lodged by one Naseer Khan,

dated 21.12.2022, FIR was registered in crime no.321/2022 by

Sampigehalli Police, Bengaluru City for the offence punishable

under Section 302 read with Section 34 of IPC as against Javid

and others. Petitioner is arrayed as accused No.2 in FIR. In the

complaint, it is averred that complainant's son Salman Khan

had gone out of the house at about 08:00 p.m. on 20.12.2022

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and at 10:05 p.m., complainant's second son Rihan informed

him that Salman Khan was stabbed on his stomach with a knife

by the accused persons. Immediately complainant and his wife

went to the spot and found that his son Salman Khan was

seated in an auto rickshaw and he had grievous injury on his

stomach. When the complainant enquired with Salman Khan,

he informed that accused persons had assaulted him.

Thereafter, complainant and his wife took Salman Khan to the

hospital but the Doctors in the hospital declared Salman Khan

brought dead. It is in this background, the complaint was

lodged which had resulted in registering FIR in Crime

No.321/2022. During the course of investigation, petitioner was

arrested on 23.12.2022. Investigation in the case is complete

and charge sheet has been filed as against the petitioner and

three other juvenile accused for the aforesaid offences. The

petitioner is arrayed as accused No.1 in the charge sheet. So

far as the juvenile accused are concerned, separate charge

sheet is filed.

4.

The bail application filed by the petitioner under

Section 439 of Criminal Procedure before LV Additional City

Civil and Sessions Judge, Bengaluru in

Criminal

Misc.

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No.3871/2023 was rejected on 03.05.2023. It is under these

circumstances, the petitioner is before this Court seeking

regular bail.

5.

Learned counsel for the petitioner reiterated the

grounds urged in the petition and submits that as per the

charge sheet allegations, the petitioner had only held the hand

and legs of the deceased and the allegation of assault is against

the juvenile accused Javid. He submits that the petitioner has

no criminal antecedents and since 23.12.2022 he is in judicial

custody and accordingly prays to grant regular bail to the

petitioner.

6.

Per contra, learned High Court Government Pleader

opposed the bail petition and submits that the petitioner along

with three other juvenile accused has committed the heinous

crime and therefore prays to dismiss the petition.

7.

I have carefully considered the rival arguments of

the learned counsel for both sides and also perused the

material on record.

8.

The material on record would go to show that the

petitioner and other juvenile accused had ill-will against Salman

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Khan. It appears that few days prior to the date of the incident,

the accused persons had quarelled and had threatened Salman

Khan with dire consequences to his life. On 20.12.2022 at

about 10:05 p.m., accused persons saw Salman Khan and his

friend C.W.-3 riding in a motorcycle, immediately they stopped

them. It is alleged in the charge sheet that the petitioner and

the juvenile accused Syed Thoufiq @ Tousif and another

juvenile accused Rijwan held the hand and legs of Salman Khan

and at that time, juvenile accused No.1 Javid stabbed Salman

Khan with a knife which he was holding and caused fatal injury

on the stomach of Salman Khan and from the charge sheet it is

seen that