LAWS(KAR)-2023-2-74

UMMER Vs. STATE

Decided On February 24, 2023
UMMER Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner-accused No.8 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.5/2012 of Kapu Police Station, Udupi, pending in S.C.No.64/2022 on the file of Principal District and Sessions Judge, Udupi, registered for the offences punishable under Ss. 364(A) , 384 r/w Sec. 34 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant Smt.Thahira.

(2.) Heard Smt.Haleema Anseen, 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 petitioner submitted that the petitioner is arrayed as accused No.8. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 12/12/2022 and since then he is in judicial custody. It is submitted that initially the petitioner was arrayed as accused No.8 in the FIR, however, he was not charge sheeted even though two additional charge sheets were filed and while filing third additional charge sheet , he is arrayed as accused No.8. Therefore, the petitioner approached the learned Sessions Judge for grant of anticipatory bail in Crl.Misc.No.298/2019, which came to be allowed vide order dtd. 23/12/2019. However, when the petitioner had gone to the police station, the original records were not found and therefore, he could not comply with the conditions imposed while granting anticipatory bail. However, on 24/9/2019, accused Nos. 2, 4, 5 and 7 were acquitted by the trial court in S.C.No.26/2012. A split up charge sheet was filed and the matter is now pending in S.C.No.64/2022. There is absolutely no material against the petitioner to constitute any of the offences alleged. He is not required for further investigation. He is the permanent resident of the address mentioned in the cause 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.