JITENDRA Vs. STATE THROUGH

JUDGEMENT

(1.) Heard Sri.Vishal Pratap Singh, learned counsel for the appellant and Sri.Gururaj V.Hasilkar, learned High Court Government Pleader appearing for the respondent No.1-State.

(2.) The case of the prosecution is that the deceased has posted some defamatory article in the Face Book account against the petitioner herein. On 1/2/2022 on seeing the said defamatory article, which was posted by the deceased, the accused Nos.3 and 4 have warned the deceased not to post such comments in the Face Book account. Thereafter, it is alleged that the appellant and his associates have conspired and asked the deceased to come near Housing Board, Hitnahalli road, when the deceased went there, the accused Nos.1, 3 and 4 alleged to have assaulted the deceased with plastic pipes and killed him. Thereafter, they have thrown the dead body near his house. A complaint came to be lodged by the father of the deceased against the appellants herein and others and it was registered in Crime No.22/2022 for the offences punishable under Ss. 143 , 147 , 302 , 201 read with 149 of IPC . The appellant is in judicial custody since 12/2/2022. The appellant is accused No.2 as per the charge-sheet.

(3.) It is the submission of the learned counsel for the appellant that the appellant is innocent of the alleged offence and he has been falsely implicated in this case. The police have registered the case on the basis of Face Book comment which was posted by the deceased against the appellant. The entire case is based on circumstantial evidence. There are no eye witnesses to the incident. The overt act of this appellant has not been attributed either in the complaint or in the averments of the charge sheet. Hence, he is entitled for bail. Making such submissions, the learned counsel for the appellant prays to allow the appeal.