BALAKRISHNA YADAV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.4 and 6 in Crime No.180/2022 registered by Tiptur Town Police Station, Tumakuru District for the offence punishable under Ss. 114, 143, 147, 148, 302 R/w 149 of IPC are before this Court seeking regular bail.

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

(3.) On the basis complaint lodged by one Sri Pachhamuttu S/o Tangamani, Tiptur Police had registered FIR in Crime No.080/2022 for the aforesaid offences against six persons. The petitioners are arrayed as accused Nos. 4 and 6 in the FIR. In the complaint, it is stated that the complainant is a building contractor and for the purpose of painting work in Kalyanamantapa situated at Eedenahally gate, Titpur, he had engaged service of some boys from Bihar. Thereafter, he also had secured certain boys from Uttar Pradesh for the purpose of painting on 17/10/2022 and 18/10/2022. One Sri Balakrishna Yada who hails from Uttar Pradesh who was working with the complainant had informed him that Aravind Sahani who is brother of Shyam Sahani who was doing painting work had assaulted Pintu, who was a painter and when Balakrishna Yadav tried to intervene, they assaulted him. Thereafter, the complainant had informed the painting and plastering work team to vacate the premises. On the night of 18/10/2022 at about 12 p.m, Balakrishna Yadav allegedly telephoned the complainant and informed him somebody had assaulted Arvind Sahani. Thereafter, on 19/10/2022 at about 4 a.m, Shyam Sahani telephoned the complainant and informed that his brother Arvind Sahani was admitted to Victoria hospital, Bengaluru. On enquiry, complainant learnt that one Parvesh, Arvind, Kundan and Raju, who were staying in a room in the under construction building were attacked by Gopal Yadav, Pradeep and Shivanand and the accused persons had assaulted them with plastic pipe and as a result, Arvind Sahani had suffered grievous injuries and succumbed to the same in hospital. The petitioners were arrested on 20/10/2022. The investigation in the case is completed and charge sheet has been filed. The application filed by the petitioners before the Court of V Addl. District and Sessions Judge, Tiptur in S.C.No.10005/2023 under Sec. 439 of Cr.P.C, was dismissed on 11/4/2023. It is under these circumstances, the petitioners are before this Court.