ABDUL REHAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for his release on regular bail in regard to Crime No.160/2019 on file of JMFC-II Court, Belagavi filed for offences under Sections 143, 148, 307, 323, 504, 506 read with 149 of IPC.

(2.) The allegation of the complainant is that on 08.12.2019 at about 8.30 p.m., the complainant Akshyay Sanjay Birje along with his brother had been to Delhi Darbar Hotel for taking parcel of biriyani and after ordering for the same, they had gone near Kakargalli and were waiting there and at that time, one person came there and told them to not stand there and go somewhere else. When the complainant replied to that person that they were waiting for parcel and they will go once it is ready. Immediately, thereafter, it is alleged that 7-8 persons suddenly came there and attacked them and complainant and his brother with difficulty escaped from the spot and went to the City Bus Stand Circle where the accused by name Khaja Shakilahamad Khan and about 15 persons chased them and assaulted the complainant and his brother with stones. Thereafter, the complainant was shifted to hospital and he gave a complainant which came to be registered in Crime No.160/2019 for the aforesaid offences. The petitioner was arrested by the police authorities on 15.12.2019 and since then, the petitioner is in judicial custody.

(3.) The petitioner had made an application for bail before the 11th Additional Sessions Judge, Belagavi which came to be rejected by order dated 06.01.2020 passed in Crl.Misc.No.2877/2019 on the ground that investigation of the Crime is in progress and in order to ascertain the truth of the matter, the petitioner is required. If the petitioner is released on bail, there is a likelihood of tampering the evidence and threatening the prosecution witnesses.