SUNIL @ JAGGU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 439 of Cr.P.C., for granting bail in Crime No.89/2021 registered by Thirumalashettahalli Police Station for the offences punishable under Ss. 143, 147, 148, 149, 307, 323 of the Indian Penal Code, 1860 (for short 'IPC').

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that the complainant-Rajesh has filed a complaint on 14/09/2021 alleging that the neighbors of the complainant namely Arun, Ajay and Sunil were moving more with Mithun Kumar-accused No.2. On 13/09/2021, the complainant advised Arun and Ajay not to mingle with Mithun-accused No.2 and Sunil-this petitioner. On 14/09/2021, at about 8.15 p.m., when the complainant was standing near a Bakery of Hunasehalli, he received an unknown call from some person saying that, to stay there only where he is standing. Later the complainant went to his village and when he was standing near the Cauvery Bakery, which is near the bus stop and at about 8.30 p.m., accused Nos.1 to 5 and other four members came in their two wheelers and with an intention to commit murder of the complainant, accused No.1 assaulted the complainant on his head and his right shoulder with dragger. Accused No.2 assaulted the complainant on his head with a glass bottle. Accused Nos.3 to 5 have beaten the complainant with their hands. The other four persons have caught hold of him. When the complainant shouted, Muniraju, Mahesha who were his uncle's sons and his father Narayana Swamy and the villagers rescued the complainant and thereafter, he was taken to the hospital where the Police recorded his statement and registered a case. Accused No.1 was arrested on 05/09/2021 and he was remanded to the judicial custody. His bail petition came to be rejected by the learned Sessions Judge. Hence, he is before this Court.