ABHISHEK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioneraccused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.31/2018 of Electronic City Police Station for the offences punishable under Sections 302, 120B R/w Section 34 of Indian Penal Code (pending on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru).

(2.) I have heard the learned Senior Counsel Sri.Hashmath Pasha for Nasir Ali for the petitioner-accused and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.

(3.) The gist of the complaint is that on 21.2.2018 at about 9.20 a.m. when the deceased Suresh along with his brother Sai Kumar and nephew Shivaji were watching to catch a bus in Electronic City area, the accused persons who were traveling in a bus saw them and immediately alighted from the bus with an intention to commit the murder of the deceased. It is alleged that there were several cases registered as against each other and they have fallen out while splitting the effects of committing dacoity and also on account of suspicion that each provided information to police about the other on account of which they were arrested on several occasions. It is further alleged that on 21.2.2018 the accused persons chased the deceased and his two companions. Due to fear, the deceased entered into a BMTC bus. The accused persons went inside the bus and they have assaulted the deceased with a small long and knives, because of the stab injuries, the deceased succumbed to the injuries. On the basis of the complaint a case has been registered.