PREETHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner/accused No.1 under Section 439 of Cr.P.C. seeking regular bail in C.C.No.3497/2019 (Arising out of Crime No.107/2019 of Puttur Town police Station) for the offences punishable under Sections 504 , 341 , 302 , 212 read with section 34 of IPC. The petitioner is said to be in judicial custody since from the date of his arrest. Therefore this petition is filed seeking to enlarge him on bail for the grounds urged therein.

(2.) Heard the learned counsel for the petitioner / accused No.1 and the learned HCGP for the State.

(3.) It is stated in the complaint that on 3.9.2019 at about 11.30 p.m., the accused persons and the deceased had gone to attend a Yakshagana Programme near Sampya Rural Police Station limit. On seeing the deceased, Accused No.2 had questioned him about a previous altercation between them wherein the deceased had assaulted Accused No.2. During their verbal altercation, Accused No.2 had held the right hand of the deceased firmly and Accused No.3 had held the left hand of the deceased firmly, at which point of time, the petitioner herein / accused no.1 took a knife from his front pocket and stabbed the deceased on his chest. As a result of the stab, deceased had fell to the ground. Though he was taken to hospital, he had succumbed to the injuries, particularly on sustaining injuries on the vital part of his chest. In pursuance of the act of the accused, on filing of a complaint by the uncle of the deceased, a case in Cr.No.107/2019 came to be registered by the Puttur Rural Police Station for the aforesaid offences. Subsequent to registration of the crime against the accused, the I.O. has taken up the case for investigation and laid the charge-sheet against the accused in C.C.No.3497/2019.