MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused No.2 in Crime No.31/2020 for the alleged offence punishable under Section 392 of IPC but charge sheet was laid against the petitioner in C.C.No.1587/2020 for the offence punishable under Section 397 of IPC. The accused is in judicial custody since from the date of his arrest. Therefore, the counsel is praying for enlarging on regular bail among the grounds urged therein.

(2.) Heard learned counsel for the petitioner through video conference and learned HCGP who is physically present before the Court.

(3.) It is contended by the petitioner's counsel during the course of his arguments that the crime came to be registered against the accused alleging that he has also participated in the commission of offences. But there are no incriminating materials filed against the accused relating to the offence reflected in the FIR. But the IO has laid the charge sheet against the accused for the offence under Section 397 of IPC but left out Section 392 of IPC as reflected in the FIR. However, co-accused Nos.1, 3 and