MUREPPA Vs. STATE

JUDGEMENT

(1.) This is a bail petition filed under Section 439 of Cr.P.C. by the accused in Crime No.128/2019 of Gandhi Chowk Police Station, Bijapur Town Circle, Vijapur district.

(2.) It is alleged in the FIR that the accused- petitioner was disliking the deceased talking to one Bhagyashree (CW.8) and he was insisting with the deceased not to talk to her and some minor quarrel had taken place between them on the said issue. On 5.7.2019 at about 11.45 p.m. CW.8 came running to the complainant and informed him that accused had assaulted the deceased with Khanjar and immediately the son of the complainant shifted the deceased (deceased is the younger brother of the complainant) to Government hospital and deceased was having stab injuries on his abdomen, left thigh and left upper arm. At that time the deceased was not able to speak. Later he was shifted to BLDE hospital. He was operated upon and thereafter on enquiry, he disclosed that on account of his anger with the deceased for his talking to CW.8, accused had warned him and thereafter at the time of incident he had come on a motorcycle with a friend and with the intention of committing his murder he had stabbed him with a Khanjar on his abdomen, left thigh and left upper arm and had gone away on his motorcycle.

(3.) Learned counsel appearing for the petitioner submitted that the genesis of the incident has been suppressed by the prosecution and the materials produced in the charge sheet papers disclose that there was a free fight between the accused and the deceased and in this connection accused had also lodged a complaint against the deceased and further that even if the case is taken at the face value of the charge sheet papers, the offence would at worst be one under Section 304 Part-II of IPC and accused-petitioner being in jail since 7.7.2019, he is now entitled to be enlarged on bail.