KENCHE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.156/2019 (S.C No.257/2019) of Hunusur Rural Police Station, Mysuru District, pending on the file of V Additional District and Sessions Judge, Mysuru, registered for the offence punishable under Sections 498A, 302, 114 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Chandana.R.K.

(2.) Heard Sri. B.Lethif, learned Counsel for the petitioner and Sri. K.S.Abhijith, 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 the sole accused, he is innocent and has not committed any offence. He has been falsely implicated in the matter without any basis. He was apprehended on 12.06.2019 and since then he is in judicial custody. The FIR was registered initially against accused Nos.1 to 6 but after investigation, charge sheet is filed only against the present petitioner. Initially, the petitioner had filed the petition in Crl.P.No.4501/2020, which came to be disposed of on 21.10.2020, as the petitioner withdrawn the petition as not pressed. However, liberty was reserved in favour of the petitioner to move similar petition after examination of CWs.4 to 6. Learned counsel further submits that now CWs.4 to 6 have been examined before the trial Court but none of these witnesses have supported the case of the prosecution. There is absolutely no material available to connect the present petitioner in this case. There are no eye-witnesses to the incident and the petitioner is not having any criminal antecedents. The investigation has been completed and the charge sheet is also filed. Therefore, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of the address mentioned in the cause title of 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.