SANJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.110/2022 of Keshavapur Police Station registered for the offences punishable under Ss. 506 , 326 and 307 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Mr. Sagar has lodged the complaint stating that he and this petitioner/accused are brothers and they are living separately and got divided the properties around six years ago. The petitioner/accused is residing in Vinay colony, Hubballi and parents are residing with the complainant. It is further stated that around six months ago, the petitioner/accused went to the house of his father and took the gold ornaments and complainant came to know about the same after ten days of the incident. It is further stated that on 5/10/2022 at the time of Dasara the complainant over phone asked the petitioner to give the gold ornaments for doing pooja in his house. The petitioner did not respond properly and therefore, the complainant went to the house of the petitioner along with his father at 10.15 a.m. During exchange of words, the petitioner took knife kept in the kitchen and assaulted with it to the complainant on his left side of chest, left rib and other parts therefore, the complainant took the bottle and assaulted with it on the head of the petitioner. The petitioner also tried to assault with knife to his father. At that time the neighbours came and pacified the quarrel. The complainant was taken to the hospital and he filed the complaint when he was in the hospital. The said complaint came to be registered in Crime No.110/2022 in Keshavapur Police Station for the offences punishable under Ss. 506 , 326 and 307 of IPC. The petitioner came to be arrested on 5/10/2022 and he is in judicial custody. The petitioner filed Criminal Miscellaneous No.5495/2022 seeking bail and the same came to be rejected by learned V Additional District and Sessions Judge, Dharwad sitting at Hubballi by order dtd. 21/10/2022. Therefore, the petitioner is before this Court seeking bail.

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