(1.) IN this petition filed under Section 439 of Cr.P.C., petitioner arrayed as accused No. 1 in C.C. No. 298/2013 on the file of JMFC, H.D. Kote, registered for the offence punishable under Section 302 r/w Section 34 of IPC has sought for an order to enlarge him on bail inter alia contending that he is innocent and has not committed the offence alleged and that he has been falsely implicated in the case, therefore, he is entitled to be enlarged on bail. The petition is opposed by the respondent -State.
(2.) I have heard the learned counsel appearing on both the sides. Perused the copy of the charge sheet papers, copies which have been produced.
(3.) DURING investigation, inquest was held over the dead body and later the same was subjected to the post mortem examination. During post mortem examination, the Doctor noticed the deceased having consumed liquor. He also noticed injuries on the head and other parts of the body. The viscera preserved during post mortem examination was subjected to chemical examination and ultimately, the Doctor opined that the death was due to intra cranial hemorrhage on account of severe chest injury over the left side, as a result of blunt force. During investigation, this petitioner was arrested. Thereafter, he was subjected to judicial custody. On completion of the investigation, charge sheet came to be filed.