MOHAMMED NAUFAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in S.C.No.150/2022 pending before the Court of I Additional District and Sessions Judge, D.K., Mangaluru, for the offences punishable under Ss. 323, 504, 324, 506, 302 read with 34 is before this Court seeking regular bail.

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

(3.) On the complaint of one Mohammad Naufal, F.I.R. in Crime No.67/2022 was registered by Bantwala Town Police Station against the petitioner and another for offence punishable under Ss. 323, 504, 324, 506 , 302 read with 34 of IPC . In the complaint dtd. 5/7/2022 it is mentioned that on 4/7/2022 at about 10.30 pm, complainant received a phone call from his friend Asif and informed that accused persons hadintercepted his two wheeler and had abused him. Immediately, complainant along with four persons went to the place where the accused persons were standing and enquired with them why they had intercepted the scooter of Asif. When the complainant was enquiring, Asif assaulted him with a club. At that time, the other persons also intervened and petitioner/accused No.1 allegedly abused Asif using unparliamentarily words and stabbed him with a knife on his abdomen and immediately Asif collapsed. Thereafter, complainant and others had shifted Asif to Father Muller's hospital. However, he succumbed to the injuries at about 11.00 pm. In this background complaint was lodged on 5/7/2022 at about 00.30 hours, based on which, F.I.R. in Crime No.67/2022 was registered. During the course of investigation, petitioner was arrested on 5/7/2022. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application filed before the trial Court in S.C.No.150/2022 was dismissed by the I Additional District and Sessions Judge, D.K., Mangaluru, on 10/1/2023. Under these circumstances, petitioner is before this Court.