SARAFARAZ ALIAS SHERU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 Cr.P.C. seeking regular bail in Crime No.57/2021 of Nippani Town Police Station registered for the offences punishable under Sections 143, 147, 148, 324, 326, 506, 307, 504 r/w Section 149 of IPC.

(2.) The factual matrix leading to the case are that, the present petitioner along with other accused used to quarrel with the complainant alleging that he was not supplying the vegetables to their shop. It is further alleged that on 25.08.2021 the complainant along with his son had brought the tomato in a rickshaw to supply to the shop of Deepak Savant and parked the vehicle by the side of the road and there was a traffic jam. It is alleged that, at that time, the present petitioner along with 10-15 persons came there and picked up quarrel with the complainant and his son and accused Imran Badegar was holding waist belt and other accused holding clubs and they assaulted the complainant and his son asserting that they are going to finish them. It is further alleged that in the said incident, the complainant has sustained injuries on his head and left shoulder and his son also sustained grievous injuries. The incident has taken place around 1.30 p.m. and complainant and his son took treatment and then lodged the complaint by setting law in motion. On the basis of the complaint, FIR came to be registered in crime No.57/2021 and the present petitioner was apprehended and was remanded to judicial custody. He was arrayed as accused No.3 before the trial court. He filed a bail petition before the VII Additional District and Sessions Judge, Belagavi sitting at Chikodi and the learned Sessions Judge by his order dated 13.09.2021 rejected the bail petition. Hence, the petitioner claims to have approached this court seeking regular bail.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State. Perused the records.