APPU Vs. STATE BY P.S.I.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned HCGP for the respondent-State through video conferencing. Perused the records.

(2.) This petition is filed by petitioner/accused No.2 under Section 439 of Cr.P.C. in SC.No.1286/2019 arose in Cr.No.107/2019 of Hennur police station for the offences punishable under Sections 302 , 326 , 341 , 504 , 506 , 323 read with 34 of IPC . The accused is in judicial custody since from the date of his arrest. Therefore, the learned counsel for the petitioner is seeking for enlarge the accused on regular bail among the grounds urged therein.

(3.) It is stated in the complaint that on 20.04.2019, the complainant's son namely John Rakesh went to the Rajeshwari Bar along with his friend namely Vinod in order to attend plumbing work. When the deceased was doing plumbing work, accused Nos.1, 3 and 4 were having drinks at the Bar and accused No.1 spit to the deceased john Rakesh. When the deceased questioned the accused, accused persons picked up quarrel with the deceased and abused him with filthy language. Thereafter, accused No.1 summoned accused Nos. 2 to 5 to the Bar and accused No.2 came there and assaulted the deceased with beer bottle on the head, as a result, the deceased sustained injuries and fell down unconsciously. Immediately the complainant went to the spot of crime and took him to Vijayalakshmi Hospital, thereafter got admitted the deceased to the Bowring Hospital and on the suggestion of the doctor of Borwring Hospital, the deceased was shifted to NIMHANS Hospital where the deceased died on 21.04.2019 while he was on treatment. Subsequent to the death of the deceased, the complainant who is none other than the father of the deceased lodged a complaint against the accused persons before the respondent police. Based upon the complaint, the case in Cr.No.107/2017 came to be registered by Hennur Police for the offences punishable under Sections 302 , 326 , 341 , 504 , 506 , 323 read with Section 34 of IPC. The police have arrested the accused and produced the accused before jurisdictional court and the accused were remanded to judicial custody. The petitioner has filed bail application in S.C.No.1286/2019 for the aforesaid alleged offences and the same came to be rejected. Hence, the learned counsel for the petitioner has filed this petition seeking for regular bail.