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In this regard, it is respectfully submitted that this Hon'ble Court may be pleased to direct the petitioner to record his confession statement U/s 164(1) of CrPC and after perusing the recorded confession statement of the petitioner, prosecution will be in the position to take appropriate decision. I am also enclosing a letter of the petitioner addressed to IO of the instant case.
PRAYER In view of the facts discussed above, it is humbly prayed that this Hon'ble Court may be pleased to direct the petitioner to record his confession statement U/s 164(1) of CrPC and liberty may be granted to prosecution to analyze the recorded statement before giving a consent to tender pardon made U/s 306 CrPC in the interest of justice and thus render justice."

17. I have bestowed my anxious reading to the entire statement, coupled with the materials which are available on record in the charge sheet. By looking in to the aforesaid aspects, the contentions urged by the applicant/accused in his application filed under Sec.306 of Cr.P.C., seems to be justifiable. Even otherwise, if the application is allowed and if the applicant-accused later on retracts from his evidence, then obviously the court will be having power to summon him and arraign him as accused at the later stage of the case. Under the facts and circumstances, the application filed by accused No. 1 Basavaraja Shivappa Muttagi under Sec.306 of Cr.P.C., deserves to be allowed and I answer Point No. 1 in the Affirmative.

"The additional response of CBI to the application filed by A-1 u/s 306 Cr.PC r/w confessional statement recorded u/s 164(1) Cr.PC The Prosecution has carefully perused the 164(1) Statement given by Basavaraj Shivappa Muttagi (A-1) which was given in consequence of filing 306 Cr.PC application for granting tender of pardon to A-1. In the said statement recorded u/s 164(1) Cr.PC before the Ld. 17th ACJM, Bangalore, Basavaraj Shivappa Muttagi has disclosed the following crucial facts which are in support of the prosecution case. The prosecution has mentioned below the underlined reasons for giving no objection to grant tender of pardon to A1.

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18. It is urged by the petitioners that the application under Section 306 Cr.PC is not maintainable.

18.1. It is submitted that a bare perusal of Section 306 would make it abundantly clear that the wording used in the section enshrines that "at any stage of the investigation or inquiry into or the trial of" which makes it evidently clear that the application under Section 306 can be filed even at the stage of trial. The aforesaid principle is cemented by a catena of decisions by the Hon'ble Apex Court wherein it has held that the application under Section 306 can be filed at any stage before the judgment is passed. Therefore, the ground urged by the petitioners does not hold water.