MOHAMMED ARIF @ LARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is accused No.2 is before this Court seeking to be enlarged on regular bail in Dharwad Suburban P.S. Crime No.135/2019 for the offences punishable under Sections 427 , 504 , 323 , 324 , 307 and 506 read with Section 34 of IPC, pending on the file of the Prl. Sessions Judge, Dharwad in Sessions Case No.18/2020, wherein a charge sheet has also been filed.

(2.) The case of the prosecution is that the Police Inspector, Suburban Police Station, Dharwad has registered as case against the petitioner and one Imran urf Panch Aslam Shivmogga (accused No.1) in the above crime on 14.11.2019 at 20:30 hours alleging that on 13.11.2019 at about 10:10 hours the accused came in their TATA Sumo Vehicle bearing No.KA-27/M-078 to the shop of the complainant and asked for 2 ltr. Maza Bottle. When the complainant demanded payment for the same, accused No.1 is stated to have abused the complainant and as also assaulted him on his cheek. When the complainant's son-in-law Mubarak came to rescue of the complainant, accused No.1 is stated to have picked up a glass bottle laying there and assaulted the said Mubarak on his head. Thereafter, accused No.1 went to his vehicle and brought a long (sword) and once again came into the shop, assault the complainant and the said Mubarak, both of them ran away from the spot. It is alleged that accused No.2 was also in the said TATA Sumo and when accused No.1 for the second time came into the shop he was accompanied by petitioner-accused No.2.

(3.) The complaint has been filed on 14.011.2020 at 20:20 hours and it is stated that the accused were arrested immediately thereafter and remanded to judicial custody on the very same day. The petitioner along with accused No.1 had filed application under Section 439 of Cr.P.C in Crl.Misc.No.853/2019 before the IV- Addl. District and Sessions Judge, Dharwad, which came to be dismissed on the ground that the investigation was not yet complete.