D.R.DUGGAPPA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.1 has filed this petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Crime No.147/2022 of Mudigere Police Station, Chikkamagaluru District, registered for the offences punishable under Ss. 307, 324, 504, 506, 114 read with Sec. 34 of IPC and Sec. 3(1) and 25(1)(B) of Arms Act, 1959, pending on the file of Principal Civil Judge and JMFC, Mudigere, Chikkamagauru District.

(2.) The brief factual matrix leading to the case are that, the complainant-Narayanaraj has lodged a complaint in MGM Government Hospital at Mudigere on 9/10/2022, while undergoing treatment. It is alleged that on 9/10/2022 he and his friend Manoj were erecting fence in the land situated at Belur Road in Mudigere town next to Duggappagowda's house. At 9.15 am., the complainant and one Manikumar went to the spot and when they were talking with Manoj, the petitioner came out of his house by holding a gun in his hand, abused them in filthy language and questioned them as to why they are erecting fence. It is the further case of the prosecution that at that time, his wife, daughter and son-in-law of the petitioner ie., Accused Nos. 2 to 4 also came there and instigated the petitioner to shoot them. Then the petitioner has fired a bullet from his gun aiming at Manoj and they started run in order to escape. Then the bullet entered beneath of right knee of the complainant and hence, he suffered bullet injury. It is also alleged that the petitioner also fired aiming on the driver of the JCB. Immediately, Manoj and Manikumar shifted the complainant to the hospital, wherein he lodged a complaint. On the basis of the complaint, the Investigating Officer has apprehended the petitioner and he was remanded to judicial custody.

(3.) The petitioner has approached the learned Sessions Judge with a bail petition and the learned Sessions Judge has rejected his petition and hence, the petitioner is before this Court.