NAGESHA M.V Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused Nos.1 and 2 are before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.12/2022 of Hosahalli Police Station, pending on the file of IV Additional District and Sessions Judge, Bangalore Rural district, Doddaballapura, initially registered for the offences punishable under Ss. 504, 143, 147, 148, 149, 114, 323, 324, 302 of the Indian Penal Code (for short 'IPC') and the charge sheet is filed for the offences punishable under Ss. 143, 147, 148, 504, 323, 324, 307, 149 of the IPC, on the basis of the first information lodged by the informant Mr.Muniraju

(2.) Heard Sri. Subramanya H.V, learned Counsel for the petitioners and Sri.Krishna Kumar K.K, 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 and 2. They are innocent and have not committed any offence as alleged. They have been falsely implicated in the matter without any basis. They were apprehended on 9/5/2022 and since then they are in judicial custody. Learned Counsel for the petitioners further submitted that initially the case under Sec. 307 of IPC was registered against accused Nos.1 to 10. Accused Nos. 3 to 10 are already enlarged on bail. The investigation has been completed and the charge sheet is also filed. Learned Counsel for the petitioners further submitted that the case will not fall under Sec. 302 of IPC; at the most, it will fall under Sec. 304 of IPC. The incident might have occurred as a result of self defence. The offence is not punishable either with death or imprisonment for life. The petitioners are not having any criminal antecedents. Under such circumstances, the petitioners are also entitled to be enlarged on bail on the benefit of parity with the other accused who are already enlarged on bail.