SHAUKATH PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in Crime No.56/2023 registered by the Tilak Park Police Station, Tumakuru District for the offence punishable under Ss. 307, 504, 506 R/w Sec. 34 of IPC is before this Court under Sec. 438 of Cr.P.C.

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

(3.) On the basis of complaint lodged by Sri. Farhan Urf Imran Khan S/o Nisar Ahamad on 15/5/2023, FIR was registered in Crime No.56/2023 by Tilak Park Police Station for the aforesaid offences against the petitioner and another. In the complaint it is averred that, the accused persons had borrowed a sum of Rs.8.00 lakhs from the complainant and they had not repaid the same. Whenever, the complainant used to demand for repayment, they used to give some excuses. On 14/5/2023 at about 7.00 p.m, the complainant's mother had gone to the house of accused persons and demanded for repayment of money borrowed by them. The accused persons allegedly abused the mother of the complainant and also abused the complainant, who came to the spot and demanded repayment of money borrowed by the accused persons and they have also assaulted the complainant with knife and caused him injuries. The complainant's sisters came to the spot and took him to Government Hospital, Tumakuru. The complainant's statement was recorded in the Hospital on 15/5/2023 at 10.00 a.m,. based on which, FIR was registered in Crime No.56/2023. The bail application filed by the petitioner herein under Sec. 438 of Cr.P.C, in Crl.Misc.No.729/2023 was dismissed on 8/6/2023 by the Court of II Addl. District & Sessions Judge, Tumakuru. It is under these circumstances, the petitioner is before this Court.