DURGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner being accused No.3 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.182/2022 of Rajarajeshwari Nagar Police Station, Bengaluru, registered for the offences punishable under Ss. 302 , 201 and 120-B of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant-Ananthaiah G, ASI.

(2.) Heard Sri. Muniswamy Gowda S.G., learned Counsel for the petitioner and Sri.H.S.Shankar, learned High Court Government Pleader for the respondent-State. Perused the materials placed on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is arrayed as accused No.3. She is innocent and has not committed any offences as alleged. She has been falsely implicated in the matter without any basis. She was apprehended on 11/5/2022. Since then she is in judicial custody. It is alleged that the petitioner had assaulted the deceased and caused her death. But there is absolutely no materials to connect the petitioner to the alleged offence in question. On the other hand, the materials on records disclose that the deceased met with an accident while she was proceeding on two wheeler and sustained injuries. Except the confession statement of the accused said to have been recorded by the Investigating Officer, there are no materials in support of the allegation made against the petitioner. After investigation, charge sheet is filed. The petitioner is not required for further investigation. The petitioner is a lady, having a child. Since the investigation is already completed, 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.