LATHIF Vs. STATE

JUDGEMENT

(1.) Petitioner - accused No. 1 has filed this petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Tunganagara Police Station, Shivamogga in Crime No. 296/2021 registered for the offence punishable under Ss. 143 , 144 , 147 , 148 , 341 , 504 , 302 read with Sec. 149 of IPC.

(2.) Brief factual matrix leading to the case are that it is alleged that on 18/9/2021 there was some quarrel between Asadulla and accused No. 7 and thereafter Asadulla had decided to get his friends to resolve the said dispute and he came near Tippunagara. At that time, he met the deceased Irfan and Syed Irfan @ Vasjar and he informed the deceased regarding the altercations he had with accused No. 7. Then at about 08.15 pm Asadulla along with the deceased and others went to 7th Main Road, 4th Cross, Tippu Nagar and there he called accused No. 7 and all the accused started to quarrel with Asadulla and when the deceased Irfan interfered, the accused quarreled with him and it is alleged that the other accused caught hold of the deceased Irfan and the present petitioner stabbed him on his abdomen indiscriminately and thereafter pushed him in the nearby nala. As a result, he suffered grievous injuries and immediately complainant rushed to the spot and on seeing him the assailants fled from the spot. Injured was immediately shifted to the hospital wherein he was declared brought dead. In this regard a complaint came to be lodged and on the basis of the complaint the Investigating Officer has issued FIR and arrested all the assailants/accused. Subsequently, after completion of the investigation, he has also submitted the charge sheet. The present petitioner is arraigned as accused No. 1.

(3.) Petitioner has approached the Sessions Judge seeking regular bail and the learned Sessions Judge has rejected the bail petition filed by the present petitioner. Hence, the petitioner is before this Court.