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Judgment
N. Ananda, J.—The petitioner is arrayed as accused no. 6 in Crime No. 81/2013 registered for offences punishable under Sections 120-B, 143, 147, 148, 342, 302, 395 r/w. 149 IPC. Heard learned counsel for petitioner and learned Government Pleader for the State.
The deceased Ajay was the friend of first informant. He was maintaining two Autorickshaws. He had let out one of the autorickshaws to one Vineeth of Annasandrapalya. The said Vineet was not regular in paying rents to Ajay. The said autorickshaws was seized by the Indiranagar Police in a criminal case. On 22.02.2013, at about 7.30 p.m., deceased Ajay was taken by the petitioner and other accused in a Qualis Van towards Hoskote. When CW. 1-Srinivas contacted the deceased over phone, the deceased informed CW. 1 that he was being taken by petitioner and other accused towards Hoskote. When CW. 1 tried to contact Ajay on 22nd and 23rd February 2013, there was no response from him. On 24.02.2013, about 9.00 a.m., CW. 1 received phone call from Ajay that he was lying injured at a place near Hoskote-Chintamani road and Ajay requested CW. 1 to go to that place to rescue him. CW. 1 rushed to the place and found that Ajay had suffered multiple injuries. On enquiry, Ajay told CW. 1 that he was assaulted by petitioner and other accused with clubs and rods. CW. 1 shifted Ajay to K.R. Puram Government Hospital and thereafter to Rajiv Gandhi hospital for further treatment. During the night of 26.02.2013, Ajay succumbed to injuries.
The contents of postmortem examination report would reveal that deceased had suffered multiple injuries and the death was due to shock and hemorrhage.
The investigation records would reveal that petitioner was amongst other accused who had taken Ajay to the place of incident. As per the oral dying declaration made by the deceased Ajay to CW.1, petitioner and other accused had assaulted Ajay and caused fatal injuries to him. There is prima-facie case against the petitioner. Therefore, petitioner cannot be enlarged on bail. The petition is dismissed.