Suresh and ors Vs. the State - Court Judgment

Excerpt:

[a.n. venugopala gowda j.] this writ petition is tiled under article 227 of the constitution of lidia praying to set aside the order of the learned city civil judge, bangalore city, sitting in court. hall no.8 in aacexure-e order dated 2.11.2010 in o.s.no.8185/2003 rejecting the prayer of the petitioner for issue cf notice to the proposed defendants.the applicants/petitioners who are facing trial under section 302 ipc have sought bail during pendency of the trial on the ground that the evidence recorded so far does not show involvement of the petitioners. i have perused the statement of pw-1 shanti devi and the statement would show that the claim made by the counsel for the applicants that no evidence had come against the accused was totally false. not only shanti devi supported the prosecution's case but even other witnesses also supported the case of the prosecution. the testimony of shanti devi cannot be doubted because she is one of the injured who received 25% burn injuries at the hands of the accused, while the deceased received 100% burn injuries and died. i find no force in the application. the bail application is hereby dismissed.

Judgment:

The applicants/petitioners who are facing trial under Section 302 IPC have sought bail during pendency of the trial on the ground that the evidence recorded so far does not show involvement of the petitioners. I have perused the statement of PW-1 Shanti Devi and the statement would show that the claim made by the Counsel for the applicants that no evidence had come against the accused was totally false. Not only Shanti Devi supported the prosecution's case but even other witnesses also supported the case of the prosecution. The testimony of Shanti Devi cannot be doubted because she is one of the injured who received 25% burn injuries at the hands of the accused, while the deceased received 100% burn injuries and died. I find no force in the application. The bail application is hereby dismissed.