JAMSHID KHAN ALIAS JAMSHID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No. 2 as per charge sheet and accused No. 1 as per FIR, under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 147, 148, 324, 307, 302 and 201 read with Section 149 of IPC and Section 3, 4, 7 and 25 of ARMS Act registered in respondent Police Station Crime No. 94/2016.

(2.) I have heard the learned Counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned Counsel for the petitioner taking this Court through the contents of the complaint filed by one Kashif Sharif made submission that according to the contents of complaint, it is said that the person who shot the deceased with revolver was Sameer alias Baas. Subsequently, on 22.6.2016, further complaint of the complainant was recorded and in the further complaint, it was stated by the complainant that after seeing the incident, he was in a perplexed mood and because of that reason, there was a mistake in mentioning the name of the person who shot the deceased Parvez with revolver. Regarding the allegation the petitioner shot the deceased, the revolver is not at all recovered during the course of investigation. Pistol produced by the prosecution goes to show that the pistol that was thrown in a dam at Krishnagiri was not found. The only material that was seized from the possession of the petitioner, at his instance, is one vehicle. Except that there is nothing on record to show his involvement in committing the offence. Investigation of the case is completed and the charge sheet has been filed. The petitioner has been falsely implicated in the case and he has not at all committed the alleged offence The petitioner has contended that he is ready to abide by any condition that may be imposed by this Court. Therefore, the learned Counsel submitted that by imposing reasonable conditions, the petitioner may be admitted to bail.