R. GOPAL KRISHNA @ GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.51/2021 of Jeevan Bheemanagar Police Station for the offences punishable under Sections 323, 324, 341, 504 and 506 read with Section 34 of the Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant.

(2.) Heard Sri.Santosh B., learned Counsel for the petitioner and H.R.Showri, learned High Court Government Pleader for the respondent -State. Perused the materials placed on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.2. As per the first information, accused No.1 assaulted the informant on his head and hand. As per the wound certificate, the informant sustained only two injuries. There is inordinate delay in lodging the complaint, which is not properly explained. The petitioner was apprehended on 15.07.2021 and since then he is in judicial custody. Detention of the petitioner in custody would amount to pre-trial punishment. Accused No.1 against whom similar allegations are made is already enlarged on bail by this Court. Hence, on the ground of parity, accused No.2 is also entitled to be released on bail. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.