S.CHETAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner/accused No.4 under Sec. 439 of Cr.P.C., for granting bail in Crime No.217/2020 registered by Kumbalagudu Police for the offences punishable under Ss. 143, 147, 148, 504, 307, 324 read with Sec. 149 of IPC.

(2.) The case of the prosecution is that one Deepak V., filed the complaint before the police and the police registered the case. During the course of investigation, the petitioner was arrested on 18/3/2021. The complainant has stated that he is running a car wash garage and accused No.1 worked with him 6 years back and later, he left the job and he came near car wash garage and asked him to provide drinks and water and there was a quarrel in the Dhaba. Therefore, the police came and enquired accused No.1, on the background, this complainant gave information to the police suspecting him that on 14/9/2020 at about 8.45 p.m., this petitioner along with six persons came in a motor bike and accused No.1 assaulted the complainant with a long and other accused persons also assaulted with long and dragger, at the time, eyewitnesses - Lakshmana and Basava, garage person came and the police also came near the spot. Immediately, the accused persons ran away from the spot. During the course of investigation, the police arrested this petitioner and motor bike has been seized from him. The petitioner has approached the Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case. His name is not found in FIR and he is in custody since more than 1 month. There is no overtact against him. Hence, prayed for allowing the bail petition.