SUGUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-sole accused (in Crime No.108/2022 of Sriramapura Police Station, Bengaluru, pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate, Bengaluru, registered for the offence punishable under Sec. 302 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Smt.Gayatri) is before this Court seeking grant of bail under Sec. 439 of Cr.P.C.

(2.) Heard Sri Vinod Kumar N, learned counsel for the petitioner and Sri K.N. Nageshwarappa, learned High Court Government Pleader for the respondent-State. Perused the material on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is the sole accused. She is innocent and law abiding citizen. She has not committed any offences as alleged. She has been falsely implicated in the matter without any basis and was apprehended on 14/10/2022. Since then she is in judicial custody. Investigation is completed and charge sheet is also filed. Detention of the petitioner in custody would amount to pre-trial punishment. Deceased has sustained injuries due to fall in her house, she was aged 75 years. As per the postmortem report, death was due to the neurogenic shock, which rules out commission of any offence by the petitioner. The petitioner is not having any criminal antecedents. He is the permanent resident of the address mentioned in the cause title to the petition 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 petition in the interest of justice.