KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Through an affidavit filed by the appellant's father we are told that appellant had been taken into custody in connection with this case on 28.8.1998. He is now involved in an offence under Section 302 read with Section 149 of the Indian Penal Code along with other accused. As the bail prayed for him has been rejected by the High Court, he is before us by special leave.

(3.) Learned counsel contends that though the role attributed to this appellant is that he gave a blow with a lathi on the head, death of deceased was not due to that injury. It was pointed out that death of the deceased occurred several days after the date of incident. We are also told that another accused arraigned along with him (P. Kumara) has been released on bail by the impugned order on the premise that he has no specific role in the occurrence. Even considering the role attributed to the appellant we bear in mind the fact that death of the deceased occurred several days after the incident. We think that on the facts of this case and in view of the fact that appellant has been in custody for a long time from 28.8.1998 he can be released on bail now. We therefore, order him to be released on bail on his executing a bond with two solvent sureties to the satisfaction of the trial court.