AHAMADH KABEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused Nos.3 and 5 are before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.43 of 2022 of Yagati Police Station, pending on the file of the learned Additional Civil Judge and JMFC Court, Kadur, Chikkamagaluru, registered for the offences punishable under Ss. 399 and 402 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sri.Y S Shashikumar.

(2.) Heard Sri B S Sachin, learned Counsel for the petitioner 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 is arrayed as accused Nos.3 and 5. They are innocent and have not committed any offences as alleged. They have been falsely implicated in the matter without any basis. They were apprehended on 21/7/2022 and since then they are in judicial custody. The investigation has been completed and the charge sheet is also filed. Accused Nos.1, 2, 4, and 6 against whom similar allegations are made are already enlarged on bail as per the order passed by the co-ordinate Bench of this Court. Hence, on the ground of parity, these petitioners are also entitled to be enlarged on bail. The petitioners are not required for custodial interrogation. Since the investigation is already completed, 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.