VEERESHA MADDERA @ KENCHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.

(2.) The petitioner has filed this petition seeking to enlarge him on bail in connection with a case registered at Kamakshipalya Police Station in crime No.93/2016 for the offence punishable under Section 302 of IPC. After completion of investigation charge sheet is filed. Trial is pending in S.C.No.1487/2016 on the file of 55th Addition City Civil and Sessions Judge, Bengaluru.

(3.) The contention of the learned counsel for the petitioner is that the accused is innocent. He was arrested on 26.06.2016 and since then he is languishing in judicial custody. Five witnesses are examined before the trial Court. Out of them, PW.3 to PW.5 have not supported the case of prosecution. He submits that there is delay of five hours in lodging the complaint. Only on suspicion the petitioner has been arraigned as an accused. He submits that there is no motive whatsoever for the petitioner to commit the murder and now in view of material witnesses turning hostile, the detention of the petitioner in judicial custody is voilative of Article 21 of the Constitution.