MAHAMMAD SHAMSHAD ALAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.5 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.40/2022 of Shiggaon Police Station registered for the offences punishable under Ss. 212 , 307 , 504 , 506 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and Ss. 25(1a) , 27(1) and 29 of Arms Act, 1959.

(2.) The case of the prosecution is that, one Veerabasappa @ Mutappa has filed the complaint stating that on 19/4/2022 at about 9.30 p.m., he along with his friends Nijaguna, Vasantkumar(injured), Basavaraj and Praveen had been to Rajashree Theater to watch KGF-2 movie. At about 10.00 p.m., watching movie, his friend Basavaraj laid his leg on the front seat which was vacant. At that time, a person entered the theater and asked Basavaraj to remove the leg. The injured-Vasantkumar told that person that if he wants to sit in that seat he will make him to remove the leg from the seat, for that the said person started quarrel with injured and warned that when he comes outside the theater he will take away his life and went from the place. Again that person came inside the theater with another person and asked Vasantkumar to come outside. The injured-Vasantkumar raised from seat, he fired with pistol and another person holding mobile torch. Those persons abused him in filthy language and uttering to die and left from the place. Thereafter, the injured-Vasantkumar was taken to Shiggaon Government Hospital. The said complaint came to be registered in Crime No.40/2022 of Shiggaon Police Station for the offences punishable under Ss. 307 , 504 , 506 read with Sec. 34 of IPC and Sec. 25 of Arms Act, 1959. The Police after the investigation filed charge sheet for the offences punishable under Ss. 212 , 307 , 504 , 506 of IPC and Ss. 25(1a) , 27(1) and 29 of Arms Act, 1959. The petitioner/accused No.5 came to be arrested on 29/5/2022 and he is in judicial custody. The petitioner filed Criminal Miscellaneous No.581/2022 seeking bail and the same came to be rejected by the Principal District and Sessions Judge, Haveri by order dtd. 16/8/2022. Therefore, petitioner/accused No.5 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.