SHIVAMURTHY Vs. STATE THROUGH ITS SUB INSPECTOR

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 439 of Cr.P.C. by the counsel for the petitioner praying to enlarge the petitioner on bail in S.C.No.297/2012 (in Crime No.17/2012) pending before the First Additional Sessions Judge at Gulbarga, which is registered for the offences punishable under Sections 354, 307, 302 of Indian Penal Code.

(2.) I have heard the learned counsel for the petitioner as well as learned Additional State Public Prosecutor for respondent ­ State.

(3.) NOW , in this case, investigation is completed and the charge sheet has been filed. The charge sheet is also in the same line as that of the complaint. At the first instance, crime was registered for the offences punishable under Sections 354, 307 of Indian Penal Code. Subsequently, after the death of the victim ­ Nandini, Section 302 of IPC was added to the crime. There are no eyewitnesses to the incident. This case is based on circumstantial evidence. The petitioner is in judicial custody. It is well settled principle of law that pre trial detention is bad in law. The offence alleged against the petitioner is under Section 302 of IPC. This offence is of a serious nature, therefore, an opportunity should be given to the accused/petitioner to prepare for his defence.