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2023 Supreme(Online)(KAR) 9150

PRINCIPAL BENCH AT BENGALURU
SRI.PRAKASH SHETTY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Accused No.15 in S.C.No.1/2015 pending on the file of VI

Addl. District and Sessions Judge, D.K, Mangaluru arising out of

Crime No.5/2018 registered by Barke Police Station, D.K,

Mangaluru District for the offences punishable under Sections

120B, 143, 147, 148, 504, 323, 324, 353, 332, 427, 307 R/w

149 of IPC is before this Court under Section 439 of Cr.P.C,.

2.

Heard the learned counsel appearing for the parties.

3.

On the basis of complaint lodged by Chief

Superintendent of District Prison, D.K, Mangaluru dated

08.01.2018, FIR in Crime No.5/2018 was registered by Barke

Police Station for the aforesaid offences against 40 under trial

prisoners. Investigation in the case was completed and charge

sheet was filed against 40 accused persons. The petitioner

herein was arrayed as accused No.15 in the charge sheet. The

petitioner's bail application filed before the court of VI Addl.

District and Sessions Judge, D.K, Mangaluru in S.C.No.1/2021

was rejected on 07.07.2023. Therefore, he is before this Court.

4.

Learned counsel for the petitioner submits that the

petitioner was granted regular bail at the crime stage in

- 3 -

Crl.Misc.No.529/2015 on 25.05.2018. The charge sheet was

subs

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