RAVI S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.16 of 2021 of Hunsur Town Police Station, pending in SC No.8 of 2022 on the file of the V Additional Sessions Judge, Mysuru, registered for the offences punishable under Ss. 302 and 498-A of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant S Mahesh.

(2.) Heard Sri B Lethif, 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 the sole accused. 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 17/1/2021 and since then he is in judicial custody. Initially, the petitioner had approached this Court by filing Criminal Petition No.4283 of 2021 and the same came to be dismissed as withdrawn vide order dtd. 15/9/2021. While dismissing the petition, liberty was reserved to the petitioner to move similar petition after examination of the material witnesses. All the material witnesses are examined as PWs.1 to 10. None of the witnesses have supported the case of the prosecution. Under such circumstances, the petitioner is not required to be detained in custody. 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.