R. MANJAPPA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 302, 201 r/w Section 34 of IPC, registered in respondent - police station Crime No.358/2017. Initially, case was registered against unknown persons and during investigation, the present petitioner has been arrayed as accused No.1.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner during the course of his arguments submitted that looking to the entire charge sheet material there are no eyewitnesses to the incident. Case of the prosecution rests on circumstantial evidence. Even as per the circumstances alleged there is no material as against the petitioner. In this connection, he drew the attention of this Court to the statements of C.Ws.9, 10, 11 and 12 and submitted that their statements will not make out a case against the petitioner. It is also submitted that their statements have been recorded after delay of five days of the alleged incident. Even the FSL report is also not received. He has submitted that accused No.3 has already approached this Court seeking his release on bail in Crl.P.No. 8268/2017 and this Court by its order dated 21.11.2017 has already granted bail to him. He has also produced the copy of the bail order. Hence, it is submitted that petitioner may be granted with bail as there is no prima facie material against him.