ASHOKA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 143 , 144 , 147 , 148 , 120B , 302 and 307 of IPC registered in respondent police station

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner during the course of his arguments submitted that all other accused persons including accused No.1 are released on bail by the order of this Court and he has produced the copy of the said bail orders. He has submitted that there are no eyewitnesses to the incident that the petitioner herein has assaulted the deceased Pramod. He referred to the statement of injured Chandrashekar who is said to be with deceased Pramod and who is also injured in the said incident and submitted that even his statement shows that accused No.1 Santhosh assaulted him and then he was taken to the hospital and before going to the hospital he has seen other accused persons including the petitioner herein chasing deceased Pramod holding deadly weapons in their hands. Hence, it is submitted that this clearly shows that even injured Chandrashekar has not seen the petitioner assaulting the deceased with deadly weapons. He has submitted that now the investigation is completed and charge sheet is filed. Hence, by imposing reasonable conditions petitioner may be enlarged on bail.