SANJEEV BHIMAPPA VAJANTRI Vs. STATET OF KARNATAKA

JUDGEMENT

(1.) These two petitions are filed under Section 439 of Cr.P.C. for grant of regular bail in Crime No.35/2017 registered by the respondent-police under Sections 120B and 118 read with Section 34 of IPC and Section 25 of Indian Arms Act.

(2.) The petitioners are arraigned as accused Nos.1, 2 and 3. The investigation is already completed and the charge sheet is laid. The prosecution was initiated based on the complaint lodged by the CPI, Dharwad alleging that on 21.02.2017 he received an audio C.D. which disclosed that the accused herein along with accused No.4 were hatching a plan to commit the murder of the accused involved in the murder of brother of accused no.4. Based on the said complaint, investigation was taken up. The petitioners herein were arrested. In the course of investigation, a country pistol and bullets were recovered from the possession of accused No.4.

(3.) The learned counsel for the petitioners submits that accused No.4 is already enlarged on bail by this Court in Criminal Petition No.101480/2017 dated 21.08.2017. No specific accusations are made against the petitioners except that they agreed to commit the murder of the murderer of Yogeshgowda. The investigation having been completed, the custody of the petitioners is not necessary to be extended and further the prime accused himself having been enlarged on bail, even on parity the petitioners are entitled for bail.