SANTOSH @ SANTHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.4 and 5 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 143 , 147 , 148 , 307 , 302 , 212 , 114 , 506 , 120B , 109 , 201 r/w Section 149 of IPC and also under Section 25(1) of the Arms Act registered in respondent - police station

(2.) Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.4 and 5 and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioners during the course of his arguments submitted that the FIR was registered against unknown persons. The identity of the accused persons was not at all established by the prosecution during the course of investigation. In this connection, he has referred to the further statement of the injured witnesses and also the eyewitnesses and submitted that there is no proper identification of the present petitioners by the alleged eyewitnesses. As such, there is no prima facie case as against the petitioners.