SARVESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of C.C.No.1215/2022 (Crime No.1/2022) registered by Biligere Police Station, Mysuru District, for the offences punishable under Ss. 341 , 302 , 114 , 504 , 120B , 34 of IPC.

(2.) Heard the learned Senior Counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(3.) This petitioner has been arraigned as accused No.5. Earlier this petitioner had approached this Court by filing Crl.P.No.1132/2022 and this Court had permitted to withdraw the petition vide order dtd. 24/2/2022. Now the investigation has been completed and charge-sheet is also filed. In terms of the charge-sheet, in column No.17, an allegation is made against this petitioner that he was secured by senior uncle and all of them conspired at 12.30 p.m. and the alleged incident of murder was taken place at 4.00 p.m. and at that time, this petitioner was not along with the assailants and the material collected by the Investigating Officer is only with regard to that this petitioner was part of conspiracy. Whether he conspired with other accused persons or not has to be considered during the course of trial and except the allegation of conspiracy, no other material is collected by the Investigating Officer. Hence, it is a fit case to exercise the discretion in favour of the petitioner.