YATHEESHA K. J. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-accused 1 and 5 are before this Court seeking grant of bail under Sec. 439 of Cr.PC in Crime No.154 of 2022 of K.R.Pete Town Police, pending in SC No.5102 of 2022 on the file of III Additional District and Sessions Judge, Srirangapatna registered for the offences punishable under Ss. 143, 147, 148, 302, 120 (B), 201 read with Sec. 149 of the Indian Penal Code, on the basis of the complaint lodged by one Praveen Kumar K.R.

(2.) Heard learned counsel for the petitioners Sri Veeranna Tigadi, and the learned High Court Government Pleader Sri K. Nageshwarappa for the respondent-State.

(3.) The learned counsel for the petitioners submits that the petitioners are arrayed as accused 1 and 5. They have not committed any offence as alleged; they has been falsely implicated in the matter without any basis and they were apprehended on 29/7/2022; since then they are judicial custody. Investigation is completed and charge sheet is filed. It is the case of the prosecution that accused No.1 was having the motive to cause death of the deceased, as his brother was murdered by the deceased and others. In view of the same, accused No.1 is said to have conspired with others to commit the offence. It is the further case of the prosecution that accused 6 to 11 have assaulted the deceased with deadly weapons and caused his death. The only allegation against the accused No.5 is that he was at the spot and collected few weapons, with which accused 6 to 11 have caused the death of the deceased, and thereafter fled from the spot. Even though similar allegations are made against accused No.2, he is already enlarged on bail by this Court vide order dated 12 th July, 2023 passed in Criminal Petition No.3858 of 2023. On principles of parity, the petitioners herein are also entitled for grant of bail. The petitioners are not having any criminal antecedents and they are ready and willing to abide by conditions that may be imposed by this Court.