KARTHIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred praying to set aside the order dtd. 14/2/2022 passed by the Court of II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District in Criminal Misc. No.126/2022, whereby, the learned Sessions Judge has rejected the prayer of the appellant herein seeking regular bail in connection with a case registered in Crime No.257/2021 of Avalahalli Police Station.

(2.) Heard the learned counsel for appellant, learned High Court Government Pleader for respondent/State and the learned counsel appearing for respondent No.2/defacto complainant.

(3.) It is contended by the learned counsel for appellant that on the basis of CCTV footages, initially accused No.1 was arrested and on the basis of his voluntarily statement the appellant herein has been implicated falsely, though there is no motive attributed against him. He contends that the alleged eyewitnesses are planted and even CW.3 cannot be considered as an eyewitness because he has stated that he came to know about the incident from others. He further contends that even according to the prosecution the petitioner was not armed with any weapon and he has not assaulted the deceased. He contends that accused No.7 has been enlarged on bail by this Court. He further contends that initially a case was registered against five persons and their names have been dropped while filing the charge- sheet. He further contends that the assailants are strangers to the eyewitnesses and there is no test identification parade conducted. It is submitted that the appellant is languishing in custody from 28/9/2021 and therefore, he has prayed to set aside the order passed by the trial Court and seeks to enlarge the appellant on bail.