Introduction and Appeal Details

• Crl.A.No.2145/2023 by accused No.4 and Crl.A.No.2118/2023 by accused No.6.
• Appeals to set aside the bail rejection order dated 17.10.2023 in Special Case No.276/2023.

Prosecution's Case

• Deceased Ramakrishna was a social worker exposing misuse of funds.
• Accused No.1, a Panchayath Development Officer, conspired with others to kill Ramakrishna.
• Accused Nos.2 to 6 assaulted Ramakrishna, resulting in his death.

Appellants' Argument

• Deceased was a rowdy sheeter with many enemies.
• Incident described as a sudden fight with actions in self-defense.
• Accused Nos.1 to 3, 5, and 7 were granted bail, some by the same court.
• The appellants in judicial custody since 08.01.2023, not required for custodial interrogation post charge sheet filing.

Prosecution's Counter-Argument

• Ramakrishna's murder was premeditated.
• Eye witnesses and forensic evidence support the prosecution's case.
• Concerns over threats to witnesses if bail is granted.

Court's Observations and Decision

• Deceased initiated the conflict.
• Postmortem report lacks evidence of injuries caused by a machete.
• Self-defense considered, matter of conspiracy to be determined at trial.
• Appellants' prolonged custody and completion of charge sheet filing considered.

Order and Bail Conditions

• Appeals allowed, setting aside the impugned order.
• Bail granted to accused Nos.4 and 6 with conditions:
  • Execute a personal bond of Rs.1,00,000/- each with two sureties.
  • No threats to prosecution witnesses.
  • Mandatory court appearances.
  • No similar offences during the case.
  • Monthly attendance at Jagalur Police Station until case disposal.