PRATHAP K Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.4 for the offences punishable under Sections 143, 144, 147, 148 and 302 read with Section 149 of I.P.C.

(2.) The factual matrix of the case is that, the complainant Ravi Kumar in the complaint made allegations that the victim Manoj Kumar, who is the brother-in-law of the complainant, after his marriage, was working as a driver to the water tanker and that on 24.10.2019 at about 7.20 p.m., Manoj Kumar made a call to the complainant's mobile phone and informed that one Auto Shiva was assaulting him in Hegganahalli Road and immediately the complainant rushed to the spot and found five to six persons assaulting him near Rajendra Polytechnic College. When he rushed to the spot, they ran away in their auto rickshaw. He could identify the person who murdered his brother-in-law. Based on the complaint, the police have registered the case, investigated the matter and filed chargesheet.

(3.) The main contention of learned counsel appearing for the petitioner is that no recovery was made at the instance of this accused and this petitioner is arrayed as accused No.4 and the only allegations against this petitioner is that he drove the vehicle auto rickshaw. Since there is no overt act allegation against him and the investigation has been completed so also there is no requirement of custodial trial. There is no prima facie case against this petitioner.