NIKHIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/accused No.1 feeling aggrieved by the rejection of anticipatory bail application filed under Sec. 438 of Cr.P.C. on the file of I Addl. District and Sessions Judge and Special Judge, Haveri, in Crl.Misc.No.212/2023 dtd. 11/4/2023 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 4/12/2022 at about 1 a.m., complainant found 2 motorcycles parked in front of the shop of Yankappa and the tiles of the said shop were removed and there was light of electricity in the said shop. Complainant further found that two persons were removing petrol from the vehicle belonging to him parked near the shop. When the complainant questioned the same, person removing petrol from his bike hit on the head and fled away from the place. Complainant by shouting awakened Yankappa. At that time, 4 to 5 persons of age group between 22 to 25 robbed Rs.40,000.00 from the pocket of Yankappa and he was assaulted by means of club over his right side eye and chin and dragged him to some distance, thereafter all of them fled away from the place on their motorcycle. The injured Yankappa was shifted to hospital and he succumbed to injuries on 5/12/2022 while he was under treatment in KIMS Hospital, Hubballi. On these allegations made in the complaint filed by Krishna S/o Devendra Nayak criminal law was set into motion by registering case against unknown persons for the offence punishable under Ss. 143 , 147 , 148 , 326 , 396 read with Sec. 149 of IPC. On completion of investigation, charge-sheet came to be filed.