SURESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by the petitioner / accused No.8 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 143, 144, 147, 148, 302, 307 read with Section 149 of I.P.C. registered by the respondent - Police Station in Crime No.136/2013.

(2.) HEARD the arguments of the learned counsel for the petitioner / accused No.8 and also the learned High Court Government Pleader for the respondent - State.

(3.) LEARNED counsel for the petitioner submitted that though the earlier bail application is rejected, but as the trial in the case is not commenced and the case is at the stage of framing charge, it may take long time to conclude the trial. Hence, he made the submission that even in the F.I.R., complaint, the name of the present petitioner not figured and even looking to the statement of another injured witness, which was recorded subsequently, it is alleged the present petitioner caught hold C.W.2. Hence, there is no allegation of overt act against the present petitioner or any recovery of weapons from his possession. Hence, learned counsel submitted by imposing reasonable conditions, the petitioner may be enlarged on bail. In support of his contention, learned counsel for the petitioner relied upon the decisions of Hon'ble Supreme Court reported in AIR 1978 SUPREME COURT 527, (1998) 5 SUPREME COURT CASES 607 and AIR 2011 SUPREME COURT 340 and also the order passed by this Court dated 14 -6 -2013 in Criminal Petition No.5491/2012 connected with Criminal Petition No.6118/2012.