VISHWANATHA @ KODIKERE VISHWA Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 439 of Cr.P.C. seeking grant of bail in Crime No. 56/2014 for the offence punishable under Sections 323, 324 and 307 read with Section 34 of IPC.

(2.) THE case of the prosecution is that on 21 -2 -2014 at about 12.00 p.m., the Sub -Inspector of Police, Surathkal Police Station registered a suo -motu complaint against the accused for the offence punishable under Sections 323, 324, 307 read with Section 34 of IPC. It is the case of the Prosecution that at about 12.00 p.m., on the basis of the credible information received regarding attack of a person near Malemar Beach, Surathkal the Police immediately went to the spot and found that four persons were assaulting one Nissar of Kulai. Immediately, the police arrested those four persons and admitted the injured person to Padmavathi Hospital for treatment. The accused persons were taken to the custody. In the complaint, name of four persons has been mentioned as Hithesh, Guruprasad, Shivaraju and Nikhil. However, name of the petitioner was not mentioned in the complaint. The complaint clearly discloses that the petitioner was not in the spot when the incident took place at about 12.00 p.m. at Malenar Beach, Surathkal. However, a case was registered against the petitioner and he was arrested. The petitioner filed a petition seeking grant of bail before the I Additional District and Sessions Judge, Mangalore, however, the same came to be rejected. Hence, he has filed this petition under Section 439 of Cr.P.C. seeking for grant of bail.

(3.) ON the other hand, the learned Government Pleader appearing for the respondent -State contended that from the year 2004, the petitioner has been involved in various criminal cases. The Investigating Officer had filed a detailed report, in which, the name of the petitioner has been included. Hence, he is not entitled for any bail.