FAQRUDDIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused Nos.1 and 2 are before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.154 of 2020 of Suddaguntepalya Police Station, pending in S.C.No.887 of 2020 on the file of the learned II Additional City Civil and Sessions Judge, Bengaluru, registered for the offences punishable under Ss. 341 , 302 , 120B , 114 read with Sec. 34 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant Sheik Kaisar.

(2.) Heard Sri Tigadi Veeranna Gadigeppa, learned counsel for the petitioners and Sri H S Shankar, learned High Court Government Pleader for the respondent -State. Perused the materials placed on record.

(3.) Learned counsel for the petitioners submits that the petitioners are arrayed as accused Nos.1 and 2. They have not committed any offences as alleged. They have been falsely implicated in the matter without any basis. They were apprehended on 14/6/2020 and since then they are in judicial custody. Accused Nos.3 to 6 are already enlarged on bail. PWs.2 and 3 are the eye witnesses to the incident on whom the prosecution is relying on. Both these witnesses have not supported the case of the prosecution. Even the brother of the deceased who is the informant has partly supported the case of the prosecution. PW7 who is the hearsay witness has also not supported the case of the prosecution. The prosecution in all examined 15 witnesses. None of the witnesses have fully supported the case of prosecution. The other witnesses who are to be examined are either official witness or formal witness. Detention of the petitioners in custody would amount to pre- trial punishment. The petitioners are the permanent residents of the addresses mentioned in the cause title and are ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays for allowing the petition.