HAZRATALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under section 439 of Cr.P.C., for enlarging him on bail in Kasabapeth police station Crime No. 51/2021 registered for the offences punishable under sections 144, 147, 148, 323, 324, 114, 504, 307 r/w section 149 of IPC on the file of the Additional District and Sessions Judge, Dharwad, sitting at Hubli.

(2.) The brief factual matrix leading to the case is that on 15.05.2021 in the evening at 4.00 p.m., the complainant along with his friends went to Limubwala Garden to play cricket and at 6.00 p.m., the present petitioner along with other accused came there and sat near the complainant and CW6-victim. At that time, present petitioner staired at CW6-Iliyas and abused him. Then CW6-Iliyas also in turn abused the present petitioner and then the present petitioner along with other accused started assaulting CW6-Iliyas. When the complainant and other witnesses intervened, they were also attacked. In the said process, Accused No.2 caught hold of CW6-Iliyas and while the present petitioner stabbed him with knife on his left lumber causing grievous injuries. When eyewitnesses rushed to the spot, the petitioner and other accused fled from the spot.

(3.) The petitioner was arrested on 17.05.2021 and was remanded to judicial custody. He moved bail petition before the learned V-Additional Sessions Judge, Dharwad sitting at Hubli and the learned Sessions Judge by his order dated 27.08.2021 rejected the bail petition. Hence, the petitioner claims to have approached this Court without any alternative.