SHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner being the accused in S.C.No.198/2020 arising from Crime No.117/2019 of Kamakshipalya Police, Bengaluru for the offence punishable u/s. 302 IPC , 1860 has filed this petition u/s.439 of Cr.P.C . 1973 seeking his enlargement from custody.

(2.) After service of notice, the respondent-State having entered appearance through its AGA opposes the petition; learned AGA vehemently contends that the offence of murder is punishable with death or life imprisonment; there is prima facie material for implicating the petitioner in the offence; the learned Sessions Judge of the Court below having considered all aspects of the matter has rightly rejected the bail petition vide Order dated 03.03.2020; no special case is made out for indulgence by this Court; lastly, he submits that releasing such offenders will affect peace & tranquility in the society apart from rendering it difficult to bring the accused back to the trial.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, petitioner is admitted to bail for the following reasons and subject to the conditions stipulated hereunder: