LOHITHA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.100/2021 (C.C.NO.33673/2021) of Srirampura Police Station, Bangalore for the offence punishable under Ss. 120B, 302, 201 read with 34 of IPC and Sec. 36 of the Karnataka Excise Act.

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

(3.) The factual matrix of the case of the prosecution is that there was a quarrel between the deceased and this petitioner one week prior to this incident. Similarly, there was a quarrel between accused No.2 and the deceased also and both of them discussed with regard to the said incident and accused Nos.1 and 2 conspired with each other to teach a lesson to the deceased in the shop belonging to C.W.7 and also purchased a dagger. That on 4/9/2021 at around 7.00 p.m., when the victim went to consume alcohol in Srirampura jurisdiction belonging to accused No.3, accused No.2 went and quarreled with him and accused No.1 was also along with him. With an intention to take away the life, accused No.1 inflicted injury with the dagger near the private part of the victim, as a result, he has sustained injury to his left thigh and blood was oozing. The said fact was informed to accused No.3 by accused No.6 and accused No.3 on the instructions of accused Nos.4 and 5, dragged the injured and made him to lie on the footpath and due to the said injuries, he succumbed to the injuries and hence case has been registered, matter has been investigated and chargesheet is also filed.