SATISH KUMAR B. A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners-sole accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.278/2022 of Kamakshipalya Police Station, Bengaluru, pending on the file of the 58th Addl. City Civil and Sessions Judge, Bengaluru, registered for the offence punishable under Sec. 302 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant Smt. Jayamma.

(2.) Heard Sri R.B. Sadasivappa, learned Senior Advocate for the petitioner and Sri K.N. Nageshwarappa, learned High Court Government Pleader for the respondent-State. Perused the material on record.

(3.) Learned Senor Advocate for the petitioner submitted that the petitioner is the sole accused. He is innocent and law abiding citizen. He has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He has been apprehended on 20/7/2022 and since then he is in judicial custody. After investigation charge sheet is filed. Similar petition in Crl. P. No. 223/2023 seeking grant of bail was filed, but the same was came to be dismissed by order dtd. 31/3/2023. Thereafter the prosecution has examined as many as 12 witnesses before the trial Court. None of them have supported the case of the prosecution, including the first informant who is none other than the mother of the deceased. Now only the official or formal witnesses are required to be examined before the trial Court. 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 in the interest of justice.