ARBAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking his enlargement on bail in respect of Crime No.179/2021 (C.C.No.8921/2021) of Udayagiri Police Station, Mysuru, now pending before the II Additional Civil Judge and JMFC Court, Mysuru for offences punishable under Ss. 143, 144, 147 , 148, 341, 323, 354(b), 307, 302 r/w 149 of the IPC, for it having been turned down by the learned Sessions Judge.

(2.) Heard Sri Lethif B., learned counsel appearing for the petitioner and Sri K.S.Abhijith, learned High Court Government Pleader for the respondent.

(3.) Brief facts of the case that leads the petitioner to this Court in the subject petition is that: One Ibrahim who was in the business of welding work alleged that on 14/8/2021 he had lost his mobile and when the complainant was searching for the mobile phone he comes to know that the phone was with one Imran residing at Kalyanagiri. It is further alleged that when the complainant went near the house of Imran asking for the mobile phone, Imran allegedly told that he will himself come near the complainant's house and talk. By this time the complainant called his brother Abdul Rahim and informed that his mobile was with Imran and that he is coming near their house. Subsequently, the brother of the complainant and his friend one Yasin came near the house of the complainant at about 7.30 pm. Accused Nos.1 to 4 also come near the house of the complainant. Accused Nos.1 to 4 and others took up a quarrel with the complainant and the allegation is, with an intention to commit the murder of complainant and his brother. Accused assaulted the complainant's brother with a knife on his stomach, chest and left hand and also assaulted Yasin with a knife on his stomach. One Shaheen Taj who tried to pacify the quarrel was also pushed to the side. On this ground, a complaint came to be registered for offence punishable under Ss. 307 r/w Sec. 34 of the IPC. The injured Mohammed Yasin succumbed to the injuries on 16/8/2021 and accordingly, Sec. 302 of the IPC was invoked.