MANJUNATH S Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by Accused Nos.3 and 4 under Sec. 439 of Cr.P.C. praying to grant bail in Crime No.148/2024 of Hanumanthanagar Police Station registered for the offence punishable under Ss. 120-B, 143, 147, 148, 307, 201 read with 149 of IPC, Sec. 3(1)(ii), 3(2), 3(4) of the Karnataka Control of Organized Crimes Act, 2000 (for short "˜KCOC Act') and Sec. 27(3) of the Indian Arms Act, 1959, pending in Spl.C.C.No.2615/2024 on the file of the Principal City Civil and Sessions Judge, Bengaluru.

(2.) Heard learned counsel for petitioners and learned Additional SPP for respondent - State.

(3.) Learned counsel for the petitioners would contend that in the FIR the name of the petitioners has not been mentioned. The name of the petitioners has not been taken by the complainant or by CW.2. In the wound certificate it is mentioned that assault by unknown persons. The statement of CW.2 / injured has been recorded after five days of the incident wherein the name of the petitioners has been stated as one of the assailants. CW.2 / injured is a rowdy sheeter involved in 10 cases. There is rivalry between CW.2 and accused No.7. Petitioners have been falsely implicated in the case. CW.2 has been discharged from hospital. The petitioners are in judicial custody since 1 1/2 years. The conspiracy and motive is against accused Nos.1 and 7. The confession under Sec. of 19 of KCOC Act has been recorded by the DCP but as per the said provision Superintendent of Police has to record the statement of accused. The trial is not yet commenced. Accused Nos.5 to 8 have been granted bail. The under trials cannot be indefinitely detained pending trial and on that point, learned counsel for the petitioner placed reliance on the following decisions: