MOULA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking their release on bail of the offences punishable under Section 302 read with Section 34 of IPC. Earlier the case came to be registered for the alleged offence under Section 307 read with Section 34 of IPC in respondent Police Station Crime No.495/2015, but later on, after the demise of injured, offence under Section 302 of IPC, also came to be inserted in the said case as per the requisition of the Police.

(2.) Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for respondent - State.

(3.) Learned counsel for the petitioners/accused Nos.1 and 2 draws the attention of this Court to the contents of the complaint and he made the submission that now the trial of the case has commenced. The complainant himself turned hostile, so also two other witnesses have turned hostile. Hence, it is his contention that when the eye witnesses to the incident have turned hostile, the petitioners/accused Nos.1 and 2 at this stage are entitled to be enlarged on bail.