IBRAHIM LATHIFF Vs. STATE

JUDGEMENT

(1.) The petitioners-accused Nos.3, 4 and 5 are before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.79/2022 of Moodabidre Police Station, Mangaluru City, pending on the file of the 3rd Additional District & Sessions Judge, Dakshina Kannda, Mangaluru, registered for the offences punishable under Sec. 395, 397, 120B, 114, 212 and 209 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant Mr. Umesh Kumar.

(2.) Heard Sri C.R. Raghavendra Reddy, learned counsel for the petitioners and Sri K.N. Nageshwarappa, learned High Court Government Pleader for the respondent-State. Perused the material on record.

(3.) Learned counsel for the petitioners submitted that the petitioners are accused Nos.3, 4 and 5. They are innocent and law abiding citizen. They have not committed any offences as alleged. They have been falsely implicated in the matter without any basis. Initially FIR was registered against unknown persons and later accused nos. 1 to 5 were arrayed as accused. However, charge sheet was came to be filed against 11 persons. Petitioner No.1 was apprehended on 14/4/2021 whereas petitioner nos.2 and 3 were apprehended on 21/4/2021 and since then they are in judicial custody. Investigation is completed and charge sheet is also filed. Charge is not yet framed by the trial Court. Under such circumstances, 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 in the interest of justice.