ESHWAR THAPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has filed this petition seeking for regular bail under Section 439 of Cr.P.C.

(2.) The brief facts of the case of prosecution are that the complainant was working as a security and residing in Bangalore since from one year and the deceased was also working as security and residing in Bangalore along with his family since from one year. The complainant and deceased are friends. Accused No.1 married to one Smt.Prasanna Dhami who is the sister of one Smt.Sorabesta. After the marriage, some misunderstanding arose between accused No.1 and his wife and on that matter, deceased advised to accused Nos.1 and 2. On 06.10.2019 at about 1.00 pm., when all accused family members, deceased, complainant and accused wife family were celebrating ayudha pooja festival, some verbal talks went on between accused No.1 and Bhima Bista about accused No.1 married another girl and then at the intervention of others, all are left with the place. It is further alleged in the complaint that at about 6.00 pm., near Kasthuri Nagara coffee day shop, the alleged quarrel took place between accused No.1 and Bhima Besta. The complainant and deceased rushed to the spot. At that time, accused No.1 stabbed the deceased with knife. On these alleged information, the Ramamurthy Nagar police station registered FIR in Crime No.434/2019 for the offence punishable under Section 302 r/w Section 34 of IPC.

(3.) During the course of investigation, the respondent-Police apprehended the petitioner and others on 08.10.2019. The petitioner has filed the bail application before the trial Court. The trial Court rejected the said application. Hence, the petitioner has filed this petition seeking for regular bail.