BATHISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.12 and 13 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of their arrest, they be released on bail for the offences punishable under Sections 143, 147, 148, 120B, 341, 302, 506 read with Section 149 of IPC registered in respondent Police Station Crime No.330/2016.

(2.) I have heard the learned Counsel appearing for the petitioners-accused Nos.12 and 13 and the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned Counsel for the petitioners made submission that the names of the petitioners were not figured either in the complaint or in FIR. Only on the basis of the voluntary statement of accused No.1, subsequently, these petitioners were arrayed as accused Nos.12 and 13. There is no overt act against the petitioners. The only allegation against the petitioners is that there is conspiracy and that they were informing accused No.1 regarding the movement of the deceased. He submitted that so far as the other accused persons against whom serious allegation of assault is made are accused Nos.4, 6 and 7 and they were granted bail by the order of this Court and he has produced the copy of the said order. Hence, he submitted that by imposing reasonable conditions, the petitioners may be admitted to bail.