GANESH MISKIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused Nos. 1 and 2 under Section 439 of the Code of Criminal Procedure to enlarge them on bail in Crime No.142/2015 of Vidyagiri Police Station for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and also under Section 25 of the Arms Act.

(2.) I have heard Sri. Gourishankar Mot, learned counsel for the petitioners and Sri. H.S.Chandramouli, learned State Public Prosecutor appearing for the respondent-State.

(3.) Accused Nos.1 and 2 were apprehended in Crime No.221/2017 of Rajarajeshwarinagar Police Station, Bangalore and were in judicial custody at Parappana Agrahara, Bengaluru. The Deputy Superintendent of Police, CCD, CID, Bengaluru, filed a requisition seeking body warrant as against accused Nos.1 and 2, who were in custody in crime No.221/2017, filed an application contending that during the investigation in the present crime, cartridges used for the commission of the offence that were recovered on the spot in Gauri Lankesh case and cartridges recovered in Dr. Kalburagi murder's case were sent to Forensic Science Laboratory. Subsequently, FSL Report was received. As in the present crime number, the case was registered against unknown accused persons for the purpose of investigation and progress, the body warrant was sought. The Court below, by order dated 6.9.2018, issued the body warrant. On 15.09.2018, accused Nos.1 and 2 were produced before the Court under the body warrant and they were given to the custody of DSP, CID, Bengaluru, for a period 14 days for the purpose of investigation. Thereafter, on 28.09.2018, accused Nos.1 and 2 were produced before the Court and the Court directed that accused Nos.1 and 2 are to be sent back to judicial custody in original case. On 17.12.2018, an application was filed under Section 167(2) of Cr.P.C. to release them on statutory bail. To the said application, objections were filed by the prosecution. After hearing the applicant as well as the learned Assistant Public Prosecutor, the bail application filed under section 167(2) CR.P.C. was dismissed by order dated 08.01.2019. Challenging the same, accused Nos.1 and 2 are before this Court.