DINURAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner- sole accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.260/2021 of Moodabidre Police Station, pending on the file of Civil Judge & J.M.F.C. Court Moodabidre, Mangalore City registered for the offences punishable under Ss. 302 and 201 of the Indian Penal Code (for short ' IPC '), on the basis of the first information lodged by the informant Vishvanath Poojary.

(2.) Heard Sri.Balakrishna M.R., learned Counsel for the petitioner and Sri. K.Rahul Rai, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

(3.) Learned Counsel for the petitioner submits 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 19/8/2021 and since then he is in judicial custody. The wife of the petitioner died due to the fall from the height. A passerby lodged the first information without any basis. After investigation, the charge sheet is filed. The medical records discloses that the history of the injury is mentioned as fall from the height. Even though it is stated that the informant and several witnesses have seen the incident, none of them came to the rescue of the deceased. It is the specific contention of the prosecution that the petitioner himself shifted the injured to various Hospitals and under such circumstances, it cannot be concluded that the petitioner had committed the offence as alleged. Now since the investigation is completed, detention of the petitioner in custody would amount to pre-trial punishment. The speedy trial is fundamental right of the accused and it is at stake. Under such circumstances, the petitioner may be enlarged on bail in the interest of justice. 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.