ISMAIL KHAN @ ISMAIL JABIULLA 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.85/2021 of Women Police Station, Davangere, pending on the file of II Additional Civil Judge (Sr.Dn.) and JMFC Court, Davangere, registered for the offence punishable under Section 363 of the Indian Penal Code (for short 'IPC'), on the basis of first information lodged by the informant Reshma Banu.

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

(3.) Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.2. He is innocent and law abiding citizen. He has not committed any offence as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 08.07.2021 and since then he is in judicial custody. The main allegation is against accused No.1 for the offence punishable under Section 363 of IPC. Initially, FIR came to be lodged against unknown person. During investigation, the present petitioner is apprehended. The only allegation made against the present petitioner is that he assisted accused No.1 and the victim to elope to Delhi. Now the investigation has been completed and the charge sheet is also filed. The petitioner is not having any criminal antecedents. His detention in custody would amount pre- trial punishment. 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.