KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.155/2020 of Huliyurdurga Police Station, Tumakuru District, pending in C.C.No.1100/2021 on the file of II- Additional District and Sessions Judge, Tumakuru, for the offences punishable under Ss. 120B, 302, 201 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by informant-Shivaraju B.M.

(2.) Heard Sri M.S.Devaraju, learned Senior counsel for the petitioner and Sri Vinayaka V.S ., learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned Senior counsel for the petitioner submitted that the petitioner is arrayed as accused No.1. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 25/12/2020 and since then he is in judicial custody. The investigation has been completed and the charge sheet is filed against accused Nos.1 and 2. Accused No.2 is enlarged on bail. There are no eyewitnesses to the incident. The prosecution is relying on circumstantial evidence such as last seen theory, recovery of weapon and the motive for accused No.1 to cause the death of the deceased. But, no test identification parade was conducted to enable the witnesses to identify accused No.1 and nature of the injuries mentioned in the inquest mahazar do not tally with the weapon said to have been seized at the instance of the petitioner.