PUTTRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.128 of 2022 of Jigani Police Station, Anekal Taluk, pending in SC No.5113 of 2022 on the file of III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, registered for the offences punishable under Ss. 302, 341 read with Sec. 34 of Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant - Don Jose.

(2.) Heard Sri A S Harisha, learned counsel for the petitioner and Sri H S Shankar, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned counsel for the petitioner submits that petitioner is arrayed as accused No.1. 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. Initially, the petitioner filed Criminal Petition No.688 of 2023 and the same came to be dismissed vide order dtd. 2/2/2023. But, however, there are no eye witnesses to the incident. Initially, FIR was filed against unknown persons. There were also other accused including the juvenile offenders and they are already enlarged on bail. Under such circumstances, detention of the petitioner in custody would amount to pre-trial punishment. He 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 for allowing the petition.