BHAIRALINGAIAH 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.60 of 2021 of Chikkanayakanahalli Police Station, pending on the file of the Principal Civil Judge and JMFC at Chikkanayakanahalli, registered for the offences punishable under Ss. 323 , 324 , 326 , 327 , 447 , 504 , 506 read with Sec. 34 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant Shivakumara.

(2.) Heard Sri P Prasanna Kumar, learned counsel for the petitioners and Sri H S Shankar, learned High Court Government Pleader 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. Initially, these petitioners filed the petition under Sec. 438 of Cr.P.C. in Criminal Petition No.5415 of 2021, which came to be dismissed on 3/9/2021. Similarly, another petition under Sec. 438 of Cr.P.C. was filed in Criminal Petition No.9468 of 2021, which also came to be dismissed on 22/12/2021. In the meantime, the petitioners surrendered before the Court on 21/12/2021 and since then they are in judicial custody. The investigation has been completed and the charge sheet is also filed. Initially, Sec. 307 of IPC was invoked and subsequently, while filing the charge sheet, the said Sec. was dropped. Learned counsel further submitted that CWs.1 and 2 are the injured eye witnesses. CW1 has sustained only one injury i.e., tenderness over hand, which is grievous in nature. CW2 has sustained only simple injury. The petitioners are not required for further interrogation. 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.