NIKHIL B.A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos. 4 and 5 under Sec. 439 of Cr.P.C. praying to grant bail in SC No. 389/2024 pending on the file of LXV Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No. 218/2023 of RMC Yard Police Station registered for offence punishable under Ss. 143, 395, 396 read with Sec. 149 of IPC.

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

(3.) Learned counsel for petitioners would contend that on perusal of entire charge sheet there is no overt act alleged against petitioners - accused Nos. 4 and 5. There is no recovery from the petitioners. C.W. 1 to C.W. 3 and deceased were residents of Nepal and no test identification parade was conducted. Complainant has not stated that he will identify the assailants. Petitioners are in judicial custody since 12/11/2023 and till now only 9 witnesses are examined. C.W.2 and C.W.3 who are stated to be eye witnesses have not appeared and NBW and proclamation have been issued against them. Postmortem report indicates that the deceased was under the influence of alcohol at the time of incident. There are no criminal antecedents of the petitioners. As charge sheet is filed, petitioners are not required for custodial interrogation. With this, he prayed to allow the petition.