ANIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.4 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Nargund Police Station Crime No.13/2022 registered for the offences punishable under Ss. 143 , 147 , 148 , 341 , 323 , 326 , 307 , 302 , 109 , 114 , 120B and 504 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Sameer Subhanasab Shapur, S/o Subhanasab Shahapur, has filed the complaint stating that he is running a hotel. That on 17/1/2022 when he was returning home after completing his work in the hotel, his friend Shamsher Khan Pathan, who was returning home after closing his photo studio, asked the complainant to drop him and that the complainant and his friend rode to home together on the complainant's motorcycle. It is further stated that when they were passing Municipal corporation and rode in front of the Rotaract School, accused Nos.1 and 2, who belong to Siddanabhavi Oni, blocked their way and started physically assaulting the complainant and his friend. At that time, some 7 to 8 persons came and started assaulting the complainant and his friend. Accused Nos.1 and 2 with an intention to kill the complainant, assaulted him on his chest and to left hand thumb with a knife and also assaulted the friend of the complainant on his right shoulder and left hand finger and caused injuries. The complainant phoned to Hussain Khan Pathan and informed the alleged incident to him and Hussain Khan Pathan along with Zuber and Anwar took the complainant-Sameer on motorcycle to the Government Hospital, Nargund and admitted him for treatment. The said complaint came to be registered in Nargund Police Station Crime No.13/2022 for the offences under Ss. 341 , 143 , 147 , 148 , 149 , 307, 323 and 324 of IPC against accused Nos.1 and 2 and 7 to 8 others. The said complainant-Sameer succumbed to the injuries on 18/1/2022 at 6:00am in KIMS Hospital, Hubbali. The police, after investigation, filed charge sheet for the offences under Ss. 143 , 147 , 148 , 341 , 323 , 326 , 307 , 302 , 109 , 114 , 120B and 504 read with Sec. 149 of IPC and case is pending on the file of the learned Principal District and Sessions Judge, Gadag in S.C. No.27/2022. The petitioner came to be arrested on 29/3/2022 and he is in judicial custody. The petitioner filed Crl.Misc.No.151/2022 along with accused Nos.2 and 5 to 8 and the same came to be rejected by the learned Principal District and Sessions Judge, Gadag by order dtd. 4/6/2022. Therefore, the petitioner is before this Court seeking bail.

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