GANESH BUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners being the accused persons in Crime No.175/2019 registered by the Magadi Road Police for offences punishable u/ss 328 & 381 of IPC having suffered rejection of their bail petitions in Crl. Misc. No. 11159/2019 and 392/2020 are invoking the jurisdiction o f this Court seeking their enlargement on bail under Section 439 of Cr.P.C., 1973.

(2.) After service of notice, the respondent-State having entered appearance through the learned HCGP Shri Mahesh Shetty vehemently oppose the bail petitions contending that there is prima facie material to show that the accused persons are not innocent and that they have perpetrated the offences alleged against them; he also submits that releasing of the petitioners on bail would pose threat to peace & order of the society.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that the liberty of the petitioners should be restored for the following reasons: