RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner - accused No. 1 under Sec. 439 of Cr.P.C. - 483 of BNSS praying to grant bail in SC No. 175/2023 (Crime No. 46/2023 of Nyamathi Police Station, Davanagere) pending on the file of Principal District and Sessions Judge, Davanagere, registered for offences under Ss. 143, 147, 148, 302, 324, 307, 120B, 201, 211 read with 149 of IPC.

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

(3.) Learned counsel for petitioner would contend that the eye witness - C.W.45 has not stated any overt act of this petitioner in his statement recorded under Sec. 164 of Cr.P.C. Even the said C.W.45 has not named the petitioner in his statement recorded by the Police. Another eyewitness C.W.46 in his statement recorded under Sec. 164 of Cr.P.C. has stated that a person sitting in the front seat of the car assaulted the deceased. Petitioner in his voluntary statement has stated that the door was struck and he could not open the door. There are totally 131 charge sheet witnesses. Charge is not yet framed. Accused No. 8 has filed a criminal petition before this Court wherein there is stay of further proceedings. Learned counsel for petitioner is placing reliance on decision of the Hon'ble Supreme Court in the case of Basavaraj Vs. State of Karnataka, Special Leave to Appeal (Crl.) No. 5407/2024 dtd. 15/7/2024, wherein it is held as under Para 2.