SHANKARA B.M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner -accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 read with Section 34 of IPC registered in respondent Police Station Crime No. 309/2013. After completion of investigation, the charge sheet was filed for the offence under Sections 143, 148 and 302 read with Section 149 of IPC.

(2.) I have heard the learned Counsel appearing for the petitioner -accused No. 1 and the learned High Court Government Pleader appearing for the respondent -State.

(3.) AS against this, learned High Court Government Pleader appearing for the respondent -State, during the course of the arguments, submitted that there is an eye witness to the alleged incident who has spoken about the presence as well as involvement of the petitioner in assaulting the deceased with a deadly weapon. He submitted that during investigation, the said weapon has been seized at the instance of the petitioner. Hence, the learned HCGP submitted that the petitioner is not entitled to be released on bail.