NAGESHA G Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under Section 439 of Cr.P.C for grant of regular bail.

(2.) The petitioner is accused No.8 in Crime No.1/2020 of respondent-Police for the offences punishable under Section 409 , 420 read with 120B of IPC and 431, 441 of Karnataka Municipal Act (for short 'KMC Act'). He is in judicial custody since 23.02.2020. He approached the City Civil and Sessions Judge for grant of bail by filing a bail petition, which came to be rejected. Hence, this bail petition.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence. He has been falsely implicated. He is not an employee of Bangalore Bruhat Mahanagara Palike (BBMP) or having any close contact with the BBMP employees i.e., accused Nos.1 to 3. The name of this petitioner has been impleaded on the voluntary statement of accused No.7. The entire allegations are against accused Nos.1 to 3, 5 and 7. The only allegation against this petitioner is that accused No.7 transferred some amount to the account of this petitioner and the same was returned back to accused No.7 after withdrawing the same and the petitioner gained Rs.30,000/- as commission. The allegation made against this petitioner and the offences alleged against him are not punishable with death or imprisonment for life. The charge sheet is also filed. Therefore, the presence of this petitioner is not required for any other purpose. Accused No.2 was already granted bail. Therefore, the present petitioner is also entitled for grant of bail on the ground of parity. Hence, prayed for grant of bail.