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2023 Supreme(Kar) 826

H. P. SANDESH
Shaik Farook @ Farooq – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Vinod Kumar N, Advocate, K.S. Abhijith, Advocate

JUDGMENT/ORDER

H.P. Sandesh, J. - This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused in Crime No.219/2021 of Siddapura Police Station, Bengaluru City, for an offence punishable under Section 302 of IPC.

2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

3. This is a successive bail petition filed by the petitioner/accused. This Court earlier vide order dated 21.07.2022 rejected the bail petition in Crl.P.No.288/2022, wherein, in paragraph No.6, this Court has observed that C.W.2 is the daughter, who was present at the time of committing the murder and witnessed the incident of assault. The post-mortem report also discloses that there were ten injuries all over the body and also taken note of CWs.2 to 4 are the direct evidence available against the accused.

4. The learned counsel appearing for the petitioner would submit that CWs.2 to 4 - eye witnesses have been examined before the Trial Court and they have not supported the case of the prosecution. Even though cross-examined those witnesses, nothing is elicited in the cross-examination. When eye witn

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