LAWS(KAR)-2020-6-395

S. RAMESH Vs. STATE OF KARNATAKA

Decided On June 01, 2020
S. RAMESH Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.PC for enlarging the petitioner on bail in SC No.1147/2019 pending on the file of the LXIV Additional City Civil and Sessions Judge, CCH-65, Bengaluru City for the offences punishable under Sections 143 , 147 , 120-B , 302 read with Section 149 of IPC. Chargesheet has been filed against the petitioner and other accused for said offences. Petitioner is accused No.2.

(2.) In the chargesheet, it is alleged that on 21st April, 2019 accused Nos.1 to 7 armed with deadly weapons formed an unlawful assembly and with an intention to murder, assaulted one Vignesh by using dagger, knife, razor and other deadly weapons and because of the said injuries sustained by Vignesh, he died. Specific allegation against the petitioner i.e. accused No.2 is that he stabbed the deceased 3 to 4 times with razor and therefore he played an active role in the commission of murder of Vignesh. A specific case of an overt act against accused No.2 is also made out in the charge sheet. The Sessions Court rejected the petition filed by the petitioner under Section 439 of Cr.PC. Hence, this petition.

(3.) Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case and he has not committed the alleged offences and is innocent. He further submits that accused No.3 against whom similar allegations are made, is enlarged on bail by this Court in Crl.P No. 2163/2020 and as such, he is entitled for grant of bail on the ground of parity. He further submits that petitioner will abide by all the conditions that may be imposed by this Court in the event petitioner is enlarged on bail.