SHUBHAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.2 has filed this petition under Sec. 438 Cr.P.C to grant him anticipatory bail in Crime No.177/2022 of Marihal police station for the offences punishable under Ss. 114 , 323, 302 and 504 read with Sec. 34 IPC.

(2.) In support of his petition, petitioner has contended that he is innocent of the offences alleged and he has been falsely implicated. There is delay in filing the complaint and same is not properly explained. Looking to the complaint averments, no prima facie case is made out against the petitioner. Petitioner is not working in the milk diary. He is a mason and as such, there is no question of he accompanying accused No.1 i.e., the driver of milk van at the time of the alleged incident.

(3.) Learned HCGP filed objections stating that on 25/12/2022 at 1.30 p.m., when deceased-Basavaraj and Girish with their friends were proceeding on Basarikatti road on their motorcycles on their way to watch cricket tournament, a milk van bearing registration No.KA-19/AB- 6625 driven by accused No.1 along with petitioner/accused No.2 came in a high speed as though it would dash against the motorcycles. When the deceased and their friends shouted, both accused got down from the van and picked up quarrel with them and also abused them.