YOGESH Vs. STATE

JUDGEMENT

(1.) Accused No.5 in Crime No.73/2022 registered by the Tiptur Police Station, Tumakuru District for the offence punishable under Ss. 143, 147, 148, 120B, 302, 307, 324, 447, 448, 449 R/w 149 of IPC is before this Court seeking regular bail.

(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 one Sri Basavaraju H V S/o late Virupakshappa on 25/10/2022, Tiptur Police had registered FIR in Crime No.73/2022 against one Mohankumar and unknown persons. In the complaint it is stated that, on 24/10/2022 the deceased Diwakar had arranged birthday party in a shed in the garden land belonging to one Revant about 4.00 p.m, He had invited only limited members of his friends to join the party. The accused, who had ill-will against Diwakar gained entry to the party area and picked up quarrel with Diwakar and assaulted him. The complainant and two others witnessed the same and when they tried to run away, they saw the petitioner and another standing outside holding a club. However, they managed to escape and thereafter a complaint was lodged which had resulted in registering FIR in Crime No.73/2022. During the course of investigation, the petitioner was arrested on 31/10/2022. The investigation in the case is completed and charge sheet has been filed. The bail application under Sec. 439 of Cr.P.C, filed by the petitioner before the V Addl. District & Sessions Judge, Tiptur in Crl.Misc.No.10165/2023 was dismissed on 24/5/2023. It is under these circumstances, the petitioner is before this court.