MANI R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(2.) The factual matrix of the case of the prosecution against the petitioner, who is arraigned as accused No.1, is that he committed the murder of his wife with knife suspecting her fidelity. The prosecution relies upon the statement of C.W.5, who is none other than the daughter of the deceased and the petitioner, who is aged about 12 years. The statement of C.W.5 is recorded before the learned Magistrate under Sec. 164 of Cr.P.C.

(3.) The learned counsel for the petitioner submits that accused Nos.2 and 3 have already been enlarged on bail and this petitioner is in custody from 2021 and the main witness C.W.5, who is the daughter of the petitioner and the deceased, examined as P.W.1 before the Trial Court, has not supported the case of the prosecution. The learned counsel submits that when C.W.5 has not supported the case of the prosecution and the others witnesses are only formal witnesses and there are no eye-witnesses to the incident and the incident was taken place in the early morning at 3.00 a.m. The petitioner may be enlarged on bail and the petitioner is ready to obey the conditions that may be imposed by this Court. The learned counsel also relies upon the deposition of C.W.5.