LAWS(KAR)-2024-5-16

RAVIKUMAR M.N. Vs. STATE OF KARNATAKA

Decided On May 09, 2024
Ravikumar M.N. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners-accused Nos. 1 to 3 are before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.46/2024 of Bylakuppe Police Station, pending in Prl. Civil Judge (Sr.Dn) and CJM Court, Periyapatna, Mysuru district registered for the offences punishable under Ss. 304 read with Sec. 34 of the Indian Penal Code (for short 'IPC') and under Ss. 3, 5, 25, 27 of the Arms Act, 1959, on the basis of the first information lodged by the informant-Jayaprakasha.

(2.) Heard Sri H.S.Chandramouli, learned Senior advocate for the petitioner. Perused the materials on record.

(3.) Learned Senior advocate for the petitioner submitted that the petitioners are arrayed as accused Nos.1 to 4. They are innocent and have not committed any offences as alleged. They have been falsely implicated in the matter, without any basis. It is stated that on 19/3/2024 the deceased sustained bullet injury and he was shifted to the hospital by the petitioners. On 20/3/2024 the brother of the deceased lodged the first information without any details but suspecting that the petitioners have played mischief. On the basis of the same, Sec. 304 of the IPC was invoked. Initially, no UDR was registered. The petitioners were apprehended on 21/3/2024. Till today, there is no reasonable explanation as to how the petitioners have committed the offences. Detention of the petitioners in custody would amount to pre-trial punishment. The petitioners are the permanent residents of the address mentioned in the cause title to the petition and are ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.