NAMDEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by accused No. 1 under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No. 56/2014 of Gogi Police Station.

(2.) THE learned counsel for petitioner submits that he is innocent of the offences alleged against him and he has not done any offence much less the one alleged against him. The allegations made in the complaint and in the FIR do not constitute an offence under Section 307 of IPC at best they may fall under Sections 323 and 324 of IPC. The petitioner is a permanent resident of Dhongrinaik Tanda Nagantagi village situated within the territorial jurisdiction of the Sessions Court. He has movable and immovable properties which are also situated within the territorial jurisdiction of the Sessions Court. As such, there is no apprehension that if the petitioner is granted anticipatory bail, he would go away from the jurisdiction of the Sessions Court and it would be difficult to secure his presence. The learned counsel for the petitioner submits that the petitioner will abide by any conditions which would be imposed by this Court while granting him anticipatory bail.

(3.) IT is also submitted by the learned counsel for the petitioner that overt -act alleged against the petitioner and accused No. 4 - Gopal is almost similar and common in nature. Accused No. 4 has already been released on bail by the Sessions Court. He also submits that the other accused have already been released on bail. As such, he prays for grant of anticipatory bail by applying the law of parity.