SUDEEPA K. Y. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.4 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.71/2021 of Pension Mohalla Police Station, Hassan, pending in S.C.No.162/2021 on the file of V Additional District and Sessions Judge, Hassan, registered for the offences punishable under Ss. 143 , 147 , 148 , 341 , 302 r/w 149 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant Smt.Lolakshi.

(2.) Heard Sri. P.Umesh, learned Counsel for the petitioner and Sri.K.Rahul Rai, 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.4. 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 31/5/2021 and since then he is in judicial custody. It is submitted that the first information was lodged by CW-1 based on the information given by CW-2 but the name of the petitioner was not stated in the information. On the other hand, the informant states that some persons have assaulted the deceased and caused his death. CW-2 is said to be the eyewitness and there is delay in recording his statement as the same was recorded on 28/5/2021 i.e., after five days of the incident. It is stated that accused Nos. 1 to 6 have committed the offences alleged. Investigation is completed and charge sheet is filed. There is nothing on record to connect the accused to the offence in question. Petitioner is not required for further investigation and his detention 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.