KARTHIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C .' for brevity) for granting regular bail in Crime No.8/2018 registered by the Keshwapur Police Station, Hubballi, for the offence punishable under Ss. 302 and 120b read with Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC 'for brevity) now pending on the file of the I Additional District and Sessions Judge, Dharwad sitting at Hubballi, in SC No.164/2019.

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

(3.) The case of the prosecution is that, on the complaint of brother of the deceased namely Gajanan, the police registered a case against accused Nos.1 to 5 for the aforesaid offences. It is alleged that there was a quarrel between son of the friend of the deceased and the accused Koushik in respect of cricket match. The friend of the deceased informed the deceased and made complaint against the said Koushik to mend his way. Therefore, the said Koushik hatched conspiracy with the present petitioner and nursing enmity and that on 26/1/2018 at 6:30 am when the deceased was proceeding in his motorcycle towards his land, the petitioner and accused No.2 came and dashed to the motorcycle of the deceased. When the deceased fell down, accused No.1 threw chilli powder to the face of the deceased and this petitioner, who is stated to have brought a knife and stabbed the deceased on various parts of the body and committed murder and fled away by throwing the weapon. After getting the information, the brother of the deceased came and lodged the complaint. Initially, FIR was registered against 5 accused and after charge is filed against 4 accused by showing the name of the petitioner as accused No.1. He was arrested on 1/2/2018 and he is in custody. His bail petition came to be rejected by the learned Sessions Judge. Hence, he is before this Court.