JAGADESH @ JAGGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.4 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 448 , 394 , 427 , 506(b) r/w Section 34 of IPC and also under Section 25(1)(a) and 27 of the Arms Act registered in respondent - police station Crime No.112/2014 now pending in Sessions Case No.79/2017 on the file of 9th Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner-accused No.4 during the course of his arguments submitted that there is no prima facie material produced by the prosecution about his involvement in the case. It is only on the basis of the voluntary statement of other accused the present petitioner has been arrayed in the case. Accuse Nos.1 to 3 have been already granted bail. Hence, on the ground of parity, the present petitioner is also entitled to be granted with bail. He has also submitted that in another case booked against the petitioner, the witnesses who have been examined before the Court have turned hostile and not supported the case of the prosecution. On these grounds, he submitted that petitioner may be enlarged on bail.