ABHISHEK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.2 under Sec. 439 of Cr.P.C., seeking bail in Old Hubballi Police Station Crime No.102/2022 for the offences punishable under Ss. 341 , 504 and 302 read with Sec. 34 of IPC.

(2.) The case of the prosecution is that, one Sunil Vishwanath Guddi, has filed complaint stating that, he and his brother are auto rickshaw drivers. One Mr. Keerti of Nekarnagar, who is carrying catering business was acquainted with his brother as the said Keerti was often hiring the auto rickshaw of his brother for transporting the catering business. Thereby, they often having talks among themselves for the purpose of said business and also they were having mobile phone numbers of each other. It is further stated that, this petitioner/accused No.2 and another person accused No.1 being the brothers of the said Kirthi, had warned the said Chandrashekhar not to entertain talking with their sister Kirthi and they have also warned him and his mother over phone. It is further stated that, on 23/6/2022 at about 8.00 p.m., his mother made a phone call and asked the complainant to go to KIMS Hospital immediately as some persons have assaulted his brother and immediately he went to the KIMS Hospital and his brother Chandrashekhar was admitted there and he was severely injured and he told that, when he was at Vani Plot, Nekar nagar, Old Hubballi waiting for customers for his auto, at that time, the accused Nos.1 and 2 rushed and told him that, in spite of warning he is talking with his sister and this petitioner/accused No.1 held him from his front side and the accused No.1 opened a knife brought by him and assaulted him on his shoulder and on his back, etc., and when this Chandrashekhar sat down, at that time, this petitioner/accused No.2 lifted a iron rod lying there and assaulted with it on the head and leg of the deceased. The said complaint came to be registered in Old Hubballi Police Station No.102/2022 for the offences punishable under Ss. 504 , 341 , 307 , 34 of IPC. This petitioner/accused No.2 came to be arrested on 24/6/2022 and he is in judicial custody. The Investigating Officer after completing the investigation filed charge-sheet against this petitioner and another for the offences punishable under Ss. 341 , 504 , 302 read with Sec. 34 of IPC. The petitioner filed Criminal Misc. No.5476/2022 seeking bail along with accused No.1 and the same came to be rejected by the I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, by order dtd. 15/10/2022. Therefore, the petitioner is before this Court, seeking bail.

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