K. RAHIM KHAN Vs. STATE BY HOSAKOTE POLICE

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 439 of Criminal Procedure Code (for short ' Cr.P.C .') for grant of bail in Crime No.133/2020 registered by the Hoskote Police Station, Bangalore Rural District, Bangalore, for the offence punishable under Sections 341 , 307 read with Section 34 of Indian Penal Code (for short ' IPC ').

(2.) Heard the arguments of learned counsel for the petitioner and Sri Vinayaka V.S ., learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the complaint filed by one Sadiq Pasha alleging that on 02.05.2020, at about 7.30 p.m., when he was walking near his house at Mantri field, Hoskote town, the present petitioner and accused No.1 came and demanded money for their expenses and when he pleaded no money and proceeded towards his house, at that time, accused No.1-Moula Khan with an intention to kill the complainant stabbed him with the knife on his left side neck and caused grievous injuries. The petitioner/accused No.2 assaulted the complainant with an iron rod on his stomach and waist and after hearing the shouting of the complainant, his owner's son Nadeem and one Akbar came to the spot and shifted the complainant to the Hoskote Government hospital, then to Silicon City Hospital and then to Manipal Hospital. On the basis of Medico-Legal Report, the Police visited the hospital, obtained the complaint and registered the case. During investigation, the Police arrested this petitioner on 07.05.2020, produced him before the Magistrate and in turn he was remanded to the judicial custody. He has approached the Additional District and Sessions Judge, Bangalore Rural District, Bangalore, in C.Crl.Misc.No.71/2020, which came to be rejected on 26.5.2020. Hence, the petitioner/accused No.2 is before this Court.