PRAKASH @ NENI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No. 11 under Sec. 439 of BNSS praying to grant bail in S.C. No. 1416/2021 (crime No. 156/2021 of Koramangala Police Station) registered for offence punishable under Ss. 143, 145, 147, 148, 120(B), 201, 307, 302, 35, 37 read with Sec. 149 of IPC and Ss. 25(1)(1-B), 27(3) of Indian Arms Act, 1959 pending on the file of LXVI Additional City Civil and Sessions Judge, Bengaluru.

(2.) Heard learned counsel for petitioner and learned SPP II for respondent - State.

(3.) Learned counsel for petitioner would contend that earlier petitioner had filed petitions seeking bail and they have been rejected. The accusation against the petitioner is that he intimated the movement of the deceased to the other accused who killed the deceased. Petitioner was not on the spot at the time of incident. Accused Nos. 8 and 9 who were present at the spot have been granted bail on the ground that they were not holding any weapons at the time of alleged offence. Eye witnesses, namely, C.W.1 to C.W.3, C.W.18, C.W.19, C.W.20 have been examined. In the charge sheet totally 111 witnesses are cited and out of them some witnesses are examined and remaining 80 more witnesses are to be examined. Prosecution is dragging on the trial. Petitioner is in custody since more than 4-1/2 years and there is delay in completing the trial. Petitioner has not contributed for the delay in trial. Accused No. 10 was the main accused and he has been granted bail on the ground that he was in judicial custody at the time of incident even though he had conspired to kill the deceased. Earlier there was a direction by this Court to conduct the trial on day-to-day basis as per order dtd. 30/10/2024 and subsequently it has been relaxed on 2/6/2025. Prosecution is not keeping the witnesses present on the date of trial and dragging on the trial. Prosecution is not serious in concluding the trial. Earlier petitioner had sought bail on the ground of parity as accused Nos. 8 and 9 who were similarly placed to that of this petitioner had been granted bail, but, said ground of parity was not considered. On these grounds he prayed to allow the petition.