SYED NASEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.204/2021 of Rajarajeshwari Nagar Police Station, registered for the offences punishable under Ss. 302 and 201 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sri.Parameshwar B.

(2.) Heard Sri.K.Ram Singh, learned Counsel for the petitioner and Sri.H.S.Shankar, learned High Court Government Pleader for the respondent-State. Perused the materials placed on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is arraigned as accused No.1. He is innocent and has not committed any offence as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 5/11/2021 and since then he is in judicial custody. It is stated that accused Nos.1 and 2 caused the death of the deceased-Tarun but there are no eye witnesses to the incident. The investigation has been completed and the charge sheet is also filed. Only on the basis of the statement of witnesses, who are stated to have last seen the deceased in the company of the accused, the charge sheet came to be filed. The prosecution has to prove its contention by examining the prosecution witnesses. At present, there are absolutely no material to connect the petitioner to the offences in question. Since the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. The petitioner 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.