VIJAY KUMAR H M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Sec. 439 of Cr.P.C., for granting regular bail in Crime No.299/2022 registered by Parappana Agrahara Police Station, Bengaluru and charge-sheeted for the offences punishable under Ss. 504 , 448 , 302 , 323 , 324 , 342 read with Sec. 34 of IPC.

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

(3.) The case of the prosecution is that on the complaint of one Budde Babu, the Police registered FIR against the petitioner and others for the above said offences. It is alleged in the charge-sheet that on 18/8/2022, the deceased-Harikrishna and CW.16 were going towards the bakery and while returning back, CW.16 assaulted the deceased and ran ahead the deceased, the deceased took out the stone and throne towards CW16 and the said stone fell on the mirror of the vehicle bearing registration No.MH-12-TR-DYL-746 and the left side mirror was broken. After seeing the same, CW.20 informed accused No.1 about damaging the mirror, then accused Nos.1 to 4 went to the house of the deceased-Harikrishna, dragged him out of the house, abused him in filthy language, assaulted him with their hands and kicked him with their legs. When, CW.13 came forward for rescue, the accused also assaulted him. Then, accused No.1 took the deceased to his shop, accused No.4 assaulted CW.13 with wooden repiece and when the deceased came for rescuing CW.13, they assaulted the deceased, then, the accused No.2-the present petitioner dragged the deceased to roadside and after knowing that a lorry was coming on the road, this petitioner with a intention to commit murder of Harikrishna pushed him in front of the running lorry, due to which, he sustained injuries and died due to the injures. After registering the case, the Police arrested this petitioner and he was remanded to the judicial custody. His earlier bail petition is dismissed as withdrawn. Hence, he is before this Court.