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The petitioner-accused No.12 is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Spl.C.C.No.2857/2022 (Crime No.80/2022 of Mulbagal Town Police Station, Kolar) registered for the offences punishable under Sections 114, 116, 118, 120B, 143, 147, 148, 201, 212, 302 of Indian Penal Code (for short 'IPC') and under Section 3 of the Karnataka Control of Organised Crime Act, 2000 (for short 'KCOCA Act'), in which charge is filed against the petitioner for the offences punishable under Sections 116, 212 of IPC and Sections 3(3), 3(4) of KCOCA Act, pending on the file of learned Principal City Civil and Sessions Judge, Bengaluru, on the basis of the first information lodged by the informant-Nirupama.

2. Heard Sri. Devaraja.M, learned counsel for the petitioner and Sri. K.Rahul Rai, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

3. Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.12. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 26.06.2022 and since then he is in judicial custody. Initially, the FIR was came to be registered against accused Nos.1 and 2 on the basis of the first information lodged by the informant-Nirupama for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC. During investigation, the petitioner was apprehended. Now, investigation has been completed and charge sheet is also filed. The only allegation made against the present petitioner as per the charge sheet filed by the Investigating Officer is for having committed offence under Sections 116, 212 of IPC and Sections 3(3), 3(4) of KCOCA Act. It is alleged that the petitioner has provided his Car to give drop to accused Nos.1, 3 and 5, knowing fully that they caused the murder of the deceased and enabled them to escape. Apart from that, there is absolutely nothing on record to connect the petitioner to the offence in question. The offence alleged is punishable with maximum imprisonment of three years. The petitioner is not having any criminal antecedents. Under such circumstances, he is not required to be detained in custody for any other purpose except to ensure his presence before the trial Court. He is the permanent resident of the address mentioned in the cause-title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.

4. Per contra, learned High Court Government Pleader opposing the petition submitted that serious allegations are made against the petitioner for having committed the offences. The petitioner has provided his Car to give drop to accused Nos.1, 3 and 5 knowing fully that they caused the murder of the deceased and enabled them to escape. After investigation, charge sheet is filed. Looking to the nature and seriousness of the offence and since provisions of KCOCA Act is also invoked, the petitioner is not entitled for grant of bail. Hence, he prays for dismissal of the petition.