SHIVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 in SC.No.133/2022 pending before the Court of Principal District and Sessions Judge, Davangere arising out of crime No.58/2022 registered by Harihara Town, Police, Davangere for the offences punishable under Ss. 504, 323, 302 and 34 of the Indian Penal Code, 1860 ('the IPC ' for short) is before this Court seeking regular bail.

(2.) Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent.

(3.) On the basis of the complaint that was lodged by Harish on 16/3/2022, Harihara Police, Davangere had registered FIR in crime No.58/2022 for the offence punishable under Sec. 302 of the IPC against unknown persons. In the complaint it is averred that the complainant had a brother by name Girish, who was aged about 20 years. On 16/3/2022 at about 10.30 a.m., he was informed by somebody that his brother was murdered by some unknown persons. Immediately, the complainant rushed to the spot where the dead body of his brother was lying. He noticed that some body had assaulted on the head of his brother and had murdered him. In this background he had approached the Police and lodged a complaint, which had resulted in registering FIR in crime No.58/2022 against unknown persons. During the course of investigation, the petitioner was arrested on 8/4/2022. Investigation in the case is completed and the charge sheet has been filed. The petitioner's bail application filed before the trial Court in S.C.No.133/2022 was dismissed on 12/12/2022. It is under these circumstances, the petitioner is before this Court.