MANIKANTA Vs. STATE

JUDGEMENT

(1.) Accused No.5 in Crime No.118/2023 registered by the Byndoor Police Station, Udupi District for the offence punishable under Ss. 143, 147, 148, 341, 323, 324, 307, 427, 504, 506 R/w 149 of IPC is before this Court under Sec. 438 of Cr.P.C.

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

(3.) On the basis of complaint lodged by Sri Ramesh Devadiga S/o Rama Devadiga dtd. 18/7/2023, Byndoor Police had registered FIR in Crime No.118/2023 against one Nikhilesh Shetty and four others for the aforesaid offences. The petitioner is arrayed as accused No.5 in FIR. In the complaint it is averred that, on 18/7/2023, accused No.1 to 3 had intercepted the vehicle of the complainant and had abused him and also assaulted him. Thereafter, public had pacified them and the accused persons had left the spot. At about 5.15 p.m, on the same day, accused Nos.1 to 3 along with accused Nos.4 and 5 once again came near the tea stall where the complainant had gone to have tea and started abusing and assaulted the complainant. It is alleged that the accused persons assaulted the complainant and caused injury on his body and they also damaged his vehicle. It is under this background, he had lodged a complaint which had resulted in registering FIR in Crime No.118/2023. Apprehending arrest in the said case, the petitioner had filed bail application in Crl.Misc.No.652/2023 before Addl. District & Sessions Judge, Udupi (sitting at Kundapura), which was dismissed on 11/8/2023. It is under these circumstances, the petitioner is before this Court.