ARIFUDDIN BAR BUYYA 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.1/2021 of Cubbonpark Police Station, Bengaluru, pending on the file of the LXIX Add. City Civil and Sessions Judge at Bengaluru (CCH-70), registered for the offences punishable under Ss. 302, 201 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Mr.Misber Hussain Lascar.

(2.) Heard Sri Syed Khaleel Pasha, learned counsel for the petitioner and Sri K.N. Nageshwarappa, learned High Court Government Pleader for the respondent-State. Perused the material on record.

(3.) Learned counsel 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 was apprehended on 5/1/2021. Since then he is in judicial custody. The deceased and the petitioner were room-mates. There was occasional quarrel between the two in the matter of sharing the water. A missing complaint was lodged on 1/1/2021 and thereafter dead body of the deceased was found. It is the contention of the prosecution that the petitioner has strangulated the neck of the deceased and dumped the dead body in the water sump, but there are no eyewitnesses to the incident nor there are any circumstantial evidence. 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.