JAYARAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a successive bail petition filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner/accused in Crime No.173/2021 of Periyapatna Police Station, Hunusur Sub-Division, Mysuru District, for the offence punishable under Sec. 302 of IPC.

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

(3.) Learned counsel appearing for the petitioner would submit that this Court earlier given liberty to approach this Court after examination of C.Ws.2 to 4, who are eye witnesses in Crl.P.No.4670 of 2023 vide order dtd. 28/6/2023. Learned counsel would submit that C.Ws.2 to 4 have been examined as P.Ws.1 to 3 and they have not supported the case of the prosecution and though they saw the victim lying at the spot, but did not witness the committing of murder by this petitioner and the material witnesses have turned hostile and nothing is elicited in the cross-examination of P.Ws.1 to 3. Learned counsel would further submit that this petitioner being the father of the victim girl has been implicated in the case and he is in judicial custody since from 2021 and no material is placed on record against the petitioner. Hence, he may be enlarged on bail.