AKHILESH VILAS MATOOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for regular bail under Section 439 of Code of Criminal Procedure in Crime No.105/2019 of Dhannura Police Station registered for the offences punishable under Sections 504 and 302 of Indian Penal Code (hereinafter for brevity referred to as 'IPC').

(2.) The charge sheet allegation against the accused/petitioner is that on 02.07.2019, at about 7.30 a.m., the accused committed the murder of his grandmother by inflicting multiple injuries upon her with a knife since she did not give him her retirement benefit money. The offence alleged against the accused are punishable under Sections 302 and 504 of IPC.

(3.) The learned counsel for the petitioner submits that though CWs.2 to 5 have shown to be an eye witnesses to the alleged incident, but, there is a delay of 48 hours in recording their statement which shows some cloud in the case of the prosecution. He also submits that the charge sheet paper at this stage does not disclose as to whether the accused was apprehended by the police. Further submitting that the petitioner/accused is an young boy, aged 21 years and is languishing in jail since the date of the alleged incident, learned counsel prays for allowing the petition.