SUNIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court under Section 439 of Cr.P.C. praying to release him on bail in Crime No.4/2019 of Keshwapur Police Station for the offence punishable under Sections 326 , 307 and 302 read with Section 34 of IPC.

(2.) Heard the learned counsel for the petitioner, Sri. R.H. Angadi and Miss Seema Shiva Naik, learned HCGP through video conferencing.

(3.) Learned counsel for the petitioner would submit that the petitioner who is an innocent person has been implicated in the above stated Crime No.4/2019 by referring to copy of complaint. It is his submission that a complaint came to be filed against three unknown persons. The complaint would disclose that the complainant along with his friend i.e. deceased on 13.1.2019 left the complainant's house at about 6.30 p.m. along with Uttam. Initially, they went to Priya Wine shop and after having drinks at about 7.30 p.m., went to railway ground where dance program was going on. After parking their motor bike, they went to see dance program. After completion of dance program at about 10.45 p.m., the complainant asked his friend Uttam to get parked motor bike; at that time, Uttam came holding his hand on his neck stating that three persons slit his throat and ran away; due to which, blood was oozing. Immediately, the complainant took Uttam on his bike and when bike reached near Railway Bridge, the deceased become unconscious and fell down from the bike. Thereafter, the complainant put the deceased in Auto and took him to the hospital. Subsequently, on 14.1.2019, he succumbed to the injuries.