VINOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 439 of Code of Criminal Procedure, seeking to enlarge him on bail.

(2.) Brief facts of the case are as under;

(3.) The learned counsel for petitioner argued that there are no eye witnesses to the incident. Further more the entire case of the prosecution is based on the last seen theory of the witnesses that the petitioner herein and accused No.1 have come to the house of deceased and thereafter they have come out from the house of the deceased. Witnesses i.e., CWs.5 to 8 are not the eye witnesses to the incident. Therefore, argued that there are no eye witnesses to the incident and somebody might have committed the offence but the petitioner has falsely implicated into the case. Further submitted that the petitioner has old age parents and there are nobody in the house to look after them and since charge sheet is filed and the petitioner is not required for the purpose of investigation. Further submitted that the petitioner is in custody since 22.09.2019 and therefore prayed to enlarge the petitioner on bail with conditions to be imposed by this Court.