VELU VARDARAJ Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner- accused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.117/2020 of Kadugondanahalli Police Station (pending on the file of XI A.C.M.M., Mayo Hall, Bengaluru) for the offences punishable under Sections 143 , 147 , 148 , 302 , 308 read with Section 149 of IPC.

(2.) I have heard the learned counsel Sri Anees Ali Khan, learned counsel for petitioner-accused No.2 and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.

(3.) The gist of the case of prosecution is that on 02.05.2020 at about 6.00 P.M., complainant along with his uncle Dilip @ Mariya Bijju went to Muthu Mariyamma Temple, the complainant's uncle also joined them and were playing rummy along with them and the complainant was also sitting there. At about 7.00 P.M., there was a quarrel between Dilip @ Mariya Bijju and the persons who were playing cards, at that point of time Augustine called Stallion, Sashi, Subhash, Velu and Sanjay to come along with long, knives and sword with an intention to murder the complainant's uncle. They came at about 7.20 p.m., and Augustine accused No.3 assaulted on the backside of neck and head of the deceased, accused No.5 Sashi assaulted on the head of the deceased with cement bricks, accused No.6 Subash assaulted the deceased with his hands and legs, accused No.2 Velu and accused No.1 Sanjay assaulted with knives. Accused No.4 Stalin used sword to assault on the face and head of the deceased and caused the blood injuries. When the complainant tried to assault him and they hit the complainant on the head with knife and after sustaining the injuries, he ran away to his house and came back to the place of incident along with his relatives, upon seeing the complainant and family members the assailants fled from the scene of offence. On the basis of the complaint, a case has been registered.