ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State, and perused the records.

(2.) The petitioner is arraigned as accused No.2 in Crime No.155/2019 with the Tilaknagar Police Station Bengaluru. The FIR in Crime No.155/2019 is registered against unknown persons for the offences punishable under Sections 302 , 307 , 109 and 34 of the Indian Penal Code. The police have filed charge sheet against the petitioner and three others for the offences punishable under Sections 302 , 307 , 109 , 34 and 379 of the Indian Penal Code.

(3.) The prosecution's case in brief is that the petitioner and two others, Aparna @ Sumithra and Madhu R., instigated Tabras Pasha, the accused No.1, to fatally assault the deceased Kishore on 22.09.2019 with a knife after heated exchange of words. It is alleged that the petitioner and the other accused and the deceased Kishore and the complainant were at East End Bar and Restaurant, Jayanagar 9th Block, Bengaluru on 22.09.2019, and they were seated at separated tables. The deceased and the complainant asked the petitioner and the other accused not to be noisy and disturb others, and this enraged the petitioner and the other accused. They picked up quarrel with the deceased and the complainant, and the accused No.1, at the instance of the aforesaid Aparna @ Sumithra and Madhu R, stabbed the deceased Kishore with a knife resulting in his demise. The petitioner and the other accused chased the complainant intending to hurt him, but the complainant managed to give a slip.