TEJAS R.KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused Nos.1 and 8 are before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.160/2021 of Basavanagudi Police Station, Bengaluru city, pending before the learned 37th Additional Chief Metropolitan Magistrate at Bengaluru, registered for the offences punishable under Sections 506, 341, 504, 149, 323, 347, 325, 308 of the Indian Penal Code (for short 'IPC'), on the basis of first information lodged by the informant-Sathvik.C.

(2.) Heard Sri.K.Shashikiran Shetty, learned Senior counsel for Sri.Karthik.V, learned Counsel for the petitioners and Sri.H.R.Showri, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

(3.) Learned Senior Counsel for the petitioners submitted that the petitioners are arrayed as accused Nos.1 and 8. They are innocent and have not committed any offences as alleged. They have been falsely implicated in the matter without any basis. The informant and all the accused including the petitioners are first year law students in BMS Law College, Bengaluru. The incident is said to have been occurred on 26.08.2021 at 2.15 p.m. The first information came to be lodged after 5 to 6 hours i.e., at 8.30 p.m. The only allegation made against the present petitioners is that they hit the informant with hands. There is no motive for committing offences. The free fight must have been started for a trivial reason as they are all classmates. There are no independent witnesses to speak about the offences. The informant is said to be the class representative and made general allegations against all the accused. Initially, Section 308 of IPC was not invoked. After recording the further statement of the informant on 27.08.2021, the said provision is also attracted. The petitioners are in judicial custody since 26.08.2021 and they are not required for further investigation. Since they are students, without any criminal antecedents, they may be enlarged on bail subject to conditions. The petitioners are the permanent residents of the addresses mentioned in the cause title to the petition and are ready and willing to abide by any of the conditions that would be imposed by this Court and they also undertake to comply with all the conditions. Hence, he prays to allow the petition.