MAHEBOOB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-accused No.1 is before this Court praying to allow the appeal and direct the respondent- Police to release the appellant on bail in Crime No.43/2021 in Spl.Case SC/ST No.29/2021 of Jewargi Police Station, pending on the file of learned II Additional District and Sessions Judge, Kalaburagi, for the offences punishable under Ss. 363, 302, 201 read with Sec. 34 of the Indian Penal Code (for short ' IPC ') and under Ss. 3(1)(r) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short 'SC/ ST Act '), on the basis of the first information lodged by the informant-Mallikarjun.

(2.) Heard Sri. Gauthami S.Bhandary and Sri.Chandan.H.B., learned counsel for the appellant and Sri. Gururaj V Hasilkar, learned High Court Government Pleader for respondent No.1 and Sri. S.B.Sangolgi, learned counsel for respondent No.2. Perused the materials on record.

(3.) Learned counsel for the appellant submitted that the appellant is arrayed as accused No.1 and he has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. The appellant was apprehended on 1/3/2021 and since then, he is in judicial custody. Learned counsel submits that there are no eye-witnesses to the incident and motive for causing the death of the deceased is alleged against accused No.2. The investigation has been completed and the charge sheet is already filed. As per the charge sheet filed by the Investigating Officer, both accused Nos.1 and 2 have caused the death of the deceased. The prosecution is relying on the circumstantial evidence and the allegation is only on accused No.2, who has been enlarged on bail by the trial Court. Under such circumstances, the appellant is also entitled to be enlarged on bail on the principles of parity. He is not having any criminal antecedents. Hence, the detention of the appellant in custody would amount to pre-trial punishment. He is the permanent resident of the address mentioned in the cause title to the appeal and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the appeal.