MUNISWAMY @ MUNNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is alleged of commission of offences punishable under Sections 109, 120B, 115, 143, 144, 147, 148, 307, 302 read with Section 149 of IPC in Crime No.196/2015 registered in Doddapete Police Station, Shivamogga.

(2.) Heard Sri.C H Jadhav, learned Senior Counsel appearing for Smt.Rashmi Jadhav, Advocate for petitioner and Sri.S Vishwamurthy, the learned High Court Government Pleader for the State.

(3.) Firstly, adverting to the complaint, the learned Senior Counsel submits that the complaint is lodged by the injured eye witness, who has only stated that the deceased Venkatesh was assaulted. Overt act of the petitioner in the crime is not forthcoming in the complaint. Secondly, adverting to the charge sheet, he submits that commission of offence is alleged against the accused Nos. 1 to 3 and 5 to 9. The charge sheet does not discloses any specific overt act on the part of the petitioner. Except accused Nos.1, 3, 5 and 7, all other accused who are totally 25 in number have been granted bail. In the circumstances, on the ground of parity, the learned Senior Counsel prays that this petition be allowed and the petitioner be enlarged on bail.