CHARAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.2 in respect of Crime No.118/2021 registered by Nelamangala Town Police Station, Bengaluru District, for the offences punishable under Ss. 37 , 109 , 120-B , 143 , 147 , 148 , 201 , 302 , 504 read with Sec. 149 of IPC.

(2.) Heard the learned counsel appearing 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 accused No.6 and the victim on 19/9/2021 in respect of carrying the passengers in the autorickshaw. Hence, accused No.6 called accused No.1 and in turn accused No.1 abused the victim over the phone and accused No.2 i.e., this petitioner along with accused No.1, contacted accused Nos.3 to 5 over the phone and all of them discussed with regard to the said incident and conspired with each other since accused Nos.3 and 4 were also having ill will against the victim. Accused Nos.1 and 5 in the motorcycle belongs to accused No.5, accused No.2 in his motorcycle and accused No.3 and accused No.4 in the motorcycle belongs to accused No.3, all of them joined together called the victim over the phone and asked him to come to the spot. When the victim went to the spot in his vehicle along with C.W.2, C.W.1 by seeing the victim called C.W.3 and both of them went to the spot and CWs.1 to 3 have witnessed the incident of assault made by this petitioner and also the other accused persons and inflicted injury with a dragger, which has been supplied by this petitioner to accused No.1 and this petitioner carried the same with him and after inflicting the injury, they left the place in the motorcycle. Immediately, CWs.1 to 3, who were there at the spot shifted him to Nelamangala V P Magnesh Hospital, wherein, the first aid was provided and thereafter took the injured to the Sparsh Hospital, Yeshwanthpur. That on 19/9/2021, the injured succumbed to the injuries. Hence, a case has been registered; the police have investigated the matter and filed the charge- sheet.