GOWTHAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a successive bail petition filed by accused No.1 praying to enlarge him on bail in Crime No.36/2019 of Yeshwanthapura Police Station, charge sheeted for offences punishable under Ss. 302 , 307 , 397 , 114 read with 34 of IPC .

(2.) Criminal Petition No.3342/2021 filed by the petitioner was dismissed as withdrawn and thereafter the petitioner approached this Court in Crl.P No.8621/2021 which was dismissed on 9/2/2022. While dismissing the said petition this Court has taken into consideration the statements of the injured eye witness namely CW.2 as well as other eye witnesses. As per prosecution, this petitioner was the one who was carrying the weapon and handed over the said weapon to accused No.2 and also instigated him to assault the deceased.

(3.) It is the contention of the learned counsel for petitioner that similarly placed accused NO.3 has been enlarged on bail and petitioner is languishing in judicial custody from 29/1/2019. He submits that the petitioner is innocent and the only allegation against him is that he has instigated accused No.2. He therefore submits that the petitioner may be enlarged on bail by imposing any conditions.