SHIVAKUMARA Vs. STATE

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.160/2021 of K.R.Sagar Police Station, pending in Spl. C.C.No.198/2021 on the file of Additional District and Sessions Judge, FTSC-II, Mandya registered for the offences punishable under Ss. 363, 343, 366 , 354(D), 376(3) of the Indian Penal Code (for short ' IPC '), and under Ss. 4 and 12 of POSCO Act on the basis of the first information lodged by the informant -Navomi.

(2.) Heard Sri. Raju C.N. learned Counsel for the petitioner and Sri.H.S.Shankar, learned High Court Government Pleader for the respondent -State and Sri. J.V.S. Madhukar, learned Counsel for the respondent No.2. 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 24/7/2021 and since then he is in judicial custody. The mother of the victim lodged the first information alleging offences punishable under Sec. 363 of IPC. The investigation has been completed and the charge sheet is also filed. The trial in the matter is almost completed. None of the prosecution witnesses have supported the case of the prosecution. Under such circumstances, detention of the petitioner 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.