1. This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.4 in Crime No.141/2020 of Kaggalipura Police Station, Ramanagara District, for the offences punishable under Sections 143, 147, 148, 341, 302, 34, 120(B) read with Section 149 of IPC.

2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. This Court earlier considered the bail petition of this petitioner in Crl.P.No.1918/2022. This Court while considering the bail petition given liberty to the petitioner to approach this Court after receipt of FSL report regarding seizure of blood stained clothes. Now, the FSL report is received.

4. The learned counsel appearing for the petitioner would submit that though the FSL report is positive in respect of this petitioner is concerned but the shirt said to be of victim Vinod Kumar and the same is also positive. The FSL made a note that article 18 is ‘T’ shirt, when the same was opened for examination, it found one shirt. There is a discrepancy in seizure of T shirt of the victim. Hence, the petitioner may be enlarged on bail.

5. Per contra, the learned High Court Government Pleader appearing for the State would submit that not only ‘T’ shirt was seized; the pant and underwear were also seized, the same are stained with blood and there is a positive report. Hence, in a case of heinous offence of committing the murder, when the accused clothes were also seized which was stained with blood, the petitioner is not entitled for bail.

6. Having heard the respective counsel and on perusal of the material available on record, this Court while rejecting the earlier bail petition in Crl.P.No.1918/2022 vide order dated 23.05.2022 in paragraph No.6 taken note of the fact that the C.Ws.2 to 5 are the eye witnesses according to the prosecution. The post mortem report discloses that the cause of death was on account of multiple injuries and also observed that there is a direct evidence against the petitioners herein i.e., C.Ws.2 to 5, who are the eye witnesses and made the statement that they witnessed the incident. It is also observed that when the petitioner was apprehended and after their arrest the blood stained clothes of this petitioner and other petitioners were also seized and the FSL report was awaited. Hence, a liberty was given to the petitioners to approach this Court after receipt of the FSL report. When the FSL report is received and the same is positive with regard to the clothes of this petitioner is concerned that the same are stained with blood and the very discrepancy with regard to the seizure of the clothes belongs to the victim that whether ‘T’ shirt or shift, is a matter of trial. The other clothes viz., pant and underwear of the victim are also stained with blood stains. Hence, I do not find any ground to enlarge the petitioner on bail in a case of heinous offence of committing the murder when the offence is invoked under Section 302 of IPC and C.Ws.2 to 5 are the eye witnesses to the incident, the blood stained clothes of this petitioner was seized, the FSL report is positive and also not made out any ground to enlarge the petitioner on bail in a successive bail petition.

7. In view of the discussions made above, I pass the following:

ORDER

The petition is rejected.