PRAVEENA @ ITACHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is accused No.2 is seeking to be enlarged on bail in light of his detention pursuant to the proceedings in Crime No.326/2019 registered for the offences punishable under Sections 143 , 147 , 341 , 302 , 120-B read with Section 149 of IPC.

(2.) It is the case of the Prosecution that the complaint was lodged by the brother of the deceased and that on 06.09.2019 at about 9.00 p.m. when the complainant had been to Ganapathi Nagar Tempo Stand, at that point of time, he received an information that his brother was assaulted by some unknown persons and that when he went to the second main road of Gajanananagar in Sunkadakatte, he came to know that the dead body of his brother was shifted to Victoria Hospital and then he went to Victoria Hospital and saw the dead body of his brother and noticed the injuries on the dead body. Pursuant to the same, the complaint was lodged on 07.09.2019. The investigation is complete and chargesheet has been filed. The petitioner is in custody since 11.09.2019.

(3.) It is the case as made out by the learned counsel for the petitioner that a complaint was filed initially against unknown persons. It is admitted that even after filing of the chargesheet, there is no eye-witness to the commission of offence. It is further submitted that the case depends on circumstantial evidence and the role of the petitioner is to be established during trial.