MAHESHKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.1 is before this Court seeking grant of regular bail under Section 439 of Cr.P.C. in Crime No.12/2021 registered by Keshwapur Police Station on the basis of first information lodged by the informant-Stephen George Karadi against accused Nos.1 to 3 for the offences punishable under Sections 109 and 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the IPC' for the sake of brevity).

(2.) Brief facts of the case are that, the informant lodged the first information on 23.01.2021 against accused Nos.1 to 3 stating that on the same day, at about 7.00 p.m., accused No.1 had came to his shop and suddenly questioned the informant that he is interfering in the affairs of the Church and old aged home ; and proclaiming that the informant will be done to death, swang the axe which he had brought with an intention to cause death of the informant. The informant escaped and ran out of the shop. Immediately, accused No.1 caught hold his shirt, as a result of which, the informant fell down. Accused No.1 tried to assault him with axe on his neck. In the meantime, others came to the spot and snatched the axe from the hands of the accused. Thereafter, accused ran away towards Gadag road. The informant stated that since 3 years, he is the Secretary of Catholic Association and they had cancelled the lease of the land granted in favour of Society of St. Vincent de Paul old aged home. A civil suit with regard to the old aged home is also pending for consideration. Raju Joseph-accused No.2 and Edwin Joseph-accused No.3 were having ill-will against the informant. Therefore, the informant requested the police to register the case against accused Nos.1 to 3, who attacked him with an intention to cause his death. Accordingly, the police registered the case and took up investigation.

(3.) Heard Sri Gourishankar H. Mot, learned counsel for the petitioner and Sri Ramesh B. Chigari, the learned High Court Government Pleader for the respondent-State. Perused the materials on record.