MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner/Accused No.1 has filed the above petition seeking bail in S.C.No.1419/2016 pending before the LIX Addl. City Civil and Session Judge Bangalore for the offence punishable under section 302 of IPC. The said case arises out of the charge sheet filed in Cr. No. 256/2016 of Rajagopala Nagara police station.

(2.) There is no dispute that C.W.1 Padma is the sister of the petitioner and she is the wife of victim Chandrashekar. It is alleged that Chandrashekar was a boozer and he used to harass physically and mentally and the petitioner was staying with them in their house. It is alleged that during Shivarathri festival, Chandrashekar attempted to commit murder of CW1 by throttling her, to rescue CW1, the petitioner had threaten Chandrashekar to the point of the knife. It is alleged that being enraged by that, Chandrashekhar started abusing the petitioner and insisted him vacate the house. It is alleged that being enraged by that the petitioner, along with accused No.2, conspired to commit murder of Chandrashekar. It is alleged that in execution of said conspiracy, on 29.03.2016 at about 10.45 PM, when Chandrashekar was returning from Mallesh Bar near Pickle Factory Road, Sugappa Layout, Laggere, accused Nos. 1 and 2 way laid him assaulted him with iron rod and committed murder.

(3.) The Sessions Court has rejected the bail application of the petitioner on the ground that offence alleged is heinous one. Sri. Siddesh.H, learned counsel for the petitioner contends that the case is based on circumstantial evidence. He further contends that the arrest of the petitioner is nearly after one month of the incident and alleged recovery is very doubtful. He further contends that since the police could not trace the two culprits, he has been falsely implicated.