SYED JAVEED Vs. BANASHANKARI POLICE STATION,

JUDGEMENT

(1.) This petition is filed by petitioner/accused No.2 under Section 439 of Cr.P.C. in Cr.No.12/2011 of Banashankari Police station, later culminated in S.C.No.849/2016 on the file of the LXIV Additional City Civil and Sessions Judge at Bengaluru for the offences punishable under Section 143 , 144 , 147 , 148 , 324 , 307 , 302 , 120-B read with 149 of IPC and Section 27(c) of Arms Act. Hence, he has filed this petition seeking to be released on regular bail.

(2.) Heard learned counsel for the petitioner and learned HCGP for the respondent-State through video conferencing. Perused the records.

(3.) Learned counsel for the petitioner during the course of his arguments has contended that the accused is an innocent and he has not at all committed the alleged offences and that he has been lugged into the alleged crime. The investigating agency has laid charge sheet against the accused in C.C.No. 12212/2011 for the aforesaid offences in S.C.No.559/2012. Since the petitioner was not served with summons, the petitioner could not attend the Court and the petitioner was issued NBW. The case was split up with S.C.No. 849/2016. Thereafter, the petitioner was produced before the committal court and remanded to judicial custody. Hence, the petitioner preferred bail application before the trial Court and same was rejected on 13.12.2019 on the ground that the charge has not been framed and trial was going on. Out of 81 witnesses, 51 witnesses including investigating officer were examined and all the 50 witnesses turned hostile. Hence, one more bail application was filed before the trial Court and same was rejected again on the ground that there is no changed circumstances made out in the bail application. The learned counsel for the petitioner further contended that the accused has been unnecessarily detained in the judicial custody. It is further contended that except the investigating officer, all other witnesses including so called eye witnesses have turned hostile and none of them have identified the petitioner during trial and the petitioner is not required for any investigation as the case has come to the fag end. He further contends that the accused is ready to abide by any terms and conditions imposed by this Court. On these grounds, the learned counsel prays for grant of bail to the petitioner.