MELVIN Vs. STATE BY INDRANAGAR POLICE BENGALURU

JUDGEMENT

(1.) Accused No.2 in Crime No.117/2023 registered by Indiaranagar Police Station, Bengaluru City for the offences punishable under Ss. 506, 326, 307 read with 34 of IPC, is before this Court under Sec. 439 of Cr.P.C.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of complaint lodged by Punith Dayalan dtd. 28/6/2023, FIR in Crime No.117/2023 was registered by Indiranagar Police, Bengaluru City, for the aforesaid offences against Alu and others. In the complaint it is averred that, the complainant and one Manu were classmates and for last six months they were not in touch. In the month of April, some persons belonging to Manu's group quarreled with the complainant. On 12/6/2023, accused No.1 allegedly had called the complainant and threatened him with dire consequences. Similarly on 14/6/2023 also he had received phone call criminally intimidating him. On 27/6/2023 when the complainant had gone to eat ice-cream at about 03:30 p.m. accused persons chased him in their motorbikes and after intercepting the complainant's bike accused persons allegedly abused and assaulted the complainant. Accused No.1 allegedly assaulted the complainant with a long, as a result the right thumb finger of the complainant was cut. Accused No.2 allegedly assaulted the complainant with a club on his head and leg and thereafter all the accused persons allegedly left the spot. Complainant had thereafter gone to the hospital and his statement was recorded in the hospital on 28/6/2023 at about 12:00 p.m. In the complaint, he has stated that except the named accused other accused were strangers to him. During the course of investigation, the petitioner was arrested on 4/7/2023. The bail application under Sec. 439 of Cr.P.C, filed by the petitioner before the court of IV Addl. City Civil and Sessions Judge, Bengaluru in Crl.Misc.No.25559/2023 was dismissed on 18/7/2023. It is under these circumstances, the petitioner is before this court.