MR. JAGADEESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner arraigned as Accused No.1 in S.C.No.101/2019 arising out of Cr.No.64/2019 of Kunigal P.S. for offences initially registered under Section 394 of IPC. But charge-sheet has been laid against the accused by invoking offences under Sections 392 and 397 of the IPC. Since from the date of his arrest, the accused is in judicial custody. Therefore, the counsel is praying for enlarging him on regular bail for the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and also the learned HCGP for the State appearing through video conferencing.

(3.) It is stated in the complaint by referring to the FIR said to be recorded by the police against the accused in Cr.No.64/2019 that the injured Hitesh Naik had approached the respondent - police to file a complaint by narrating the incident said to have been committed by the accused on him. It is stated that when the complainant and his friend Roshan Kotias were proceeding in a two wheeler towards Kundapura to attend a village festival on 21.03.2019 at 1.20 a.m. in the night at Kunigal near a Saw Mill, they had overtaken a Royal Enfield vehicle in which three persons were traveling. Thereafter, the said three persons had chased the complainant's motor cycle and had stopped them by overtaking their vehicle and there was some altercation in between the complainant and the accused. As a result, the accused persons had assaulted the complainant and his friend Roshan Kotiyas, as a result of which they had sustained injuries. The material collected by the I.O. are sufficient material to lay the charge-sheet against the accused for the offences under Sections 392 and 397 of the IPC, but the offences under Section 394 of the IPC which were recorded in the FIR has been left out by the I.O in the charge-sheet.