MOHAMMED HANIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused Nos.1 to 3 are before this Court seeking grant of bail under Sec. 439 of Cr.P.C., in Crime No.75/2021 of Gogi Police Station, pending in C.C.No.941/2021 on the file of Principal District and Sessions Judge, Yadgir, for the offences punishable under Ss. 302 , 109 r/w Sec. 34 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by informant-Abdul Hakheem.

(2.) Heard Sri Varun Patil, learned counsel for the petitioners and Sri Shivakumar R. Tengli, learned Additional Government Advocate for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioners submitted that the petitioners are arrayed as accused Nos.1 to 3. They are innocent and have not committed any offences as alleged. They have been falsely implicated in the matter without any basis. Accused No.1 was apprehended on 22/7/2021 and accused Nos.2 and 3 were apprehended on 27/2/2022. Since then they are in judicial custody. It is alleged that accused Nos.2 and 3 have instigated accused No.1 to cause the death of the deceased- Khasimsab on 18/6/2021. In furtherance of the same, accused No.1 is said to have caused the death of the deceased on 21/7/2021 i.e., more than one month thereafter. Therefore, motive for causing the death of the deceased at the instance of accused Nos.2 and 3 cannot be believed. Moreover, there are no eyewitnesses to the incident. Only on suspicion, accused No.1 was apprehended. Investigation is completed and charge sheet is filed. Since the investigation is already completed, 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 to the petition and are ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.