SYED JABI @ JABBU Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C., seeking his release on bail for the offence punishable under Section 302 of IPC registered as against accused No.1 in respondent - police station Crime No.154/2017 and subsequently, the present petitioner is also arraigned in the case as accused No.2.

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

(3.) Learned counsel appearing for the petitioner submits that, at the first instance, the name of the present petitioner was not figured in the complaint and also in the FIR, and the FIR was registered only against accused No.1. Learned counsel also made submission that, looking to the complaint averments, it is mentioned by the complainant that the people were talking that it is accused No.1 who might have committed the murder of deceased. It is also his submission that, no recovery is effected from the present petitioner and that the recoveries are from accused Nos.1 and 3. Even looking to the entire prosecution materials, there is no prima-facie case as against the present petitioner. Learned counsel also made submission that, during the inquest mahazar proceedings also, accused No.1 has not mentioned the name of present petitioner as assailant. Now, investigation of the case is complete and the charge sheet is also filed. By imposing reasonable conditions, he may be admitted to regular bail.