IMRAN ALIAS IMRAN PASHA, JAGA ALIAS JAGANNATH Vs. STATE OF KARNATAKA REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE petitioners, who are arrayed as A2 and A3 in SC No. 72/2012 pending on the file of the Fast Track Court -I, Bangalore Rural District, Bangalore, registered for the offences punishable under Sections 143, 147, 148, 341, 307, 302, 120B, 109 r/w 149 of IPC and under Section 25 and 27 of the Arms Act, 1959. It is the case of the prosecution that these accused along with 12 others at the instigation of A1 have committed the murder of the deceased Ravi on 03.07.2010 at about 7.45 p.m. while he was near Sondekoppa in the car belonging to CW6. It is alleged the accused have committed murder of the deceased Ravi mistaking that he is CW6 in the case.

(2.) LEARNED counsel for the petitioner submits A5, A6, A8 to A11 have been granted bail by this Court and A12, A14 have been granted bail by the jurisdictional Sessions Judge. The case of these two petitioners does not stand on a different footing than that of A5, A6 and A8, who actually have inflicted the injury on the deceased. He further submits, the material on record reveals an omnibus statement has been made against all the accused stating that all the accused assaulted and committed the murder of the deceased. In view of A5, 6 and A8 to A11 having been granted bail by this Court, as these petitioners are in custody since 21.07.2010 and as their case is not likely to see the light of the day in the near future for want of the presiding officer, in the circumstances, they be released on regular bail.

(3.) THIS Court and the jurisdictional Sessions Court have granted bail to A5, A6, A8 to A11 and A12, A14 respectively. The occurrence in the case has taken place on 03.07.2010 at about 7.45 p.m. near Sondekoppa coming within the jurisdiction of the respondent -Police. The present accused are in custody since 21.07.2010. Presently, the case of the accused is pending in the In -charge Court namely II Additional Sessions and Special Judge, Bangalore Rural District, Bangalore, who is holding concurrent charge of Fast Track Court -I, Bangalore Rural District, Bangalore. As submitted by learned counsel for the petitioners, as the case of the accused is not likely to see the light of the day in the near future, taking into account that the main culprits in the case, who are similarly placed as that of the petitioners have been granted bail, I do not find any justification to decline the request of these petitioners also. Accordingly, I proceed to pass the following order: