CHARAN SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 in Crime No.273/2023 registered by Malur Police Station, District Kolar for the offences punishable under Ss. 323, 504 and 302 read with Sec. 34 of IPC is before this Court under Sec. 439 of the Cr.P.C.

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

(3.) On the basis of the complaint dtd. 10/7/2023 lodged by Sri Subhod Kumar S/o. Sri Devendar Singh, FIR in Crime No.273/2023 was registered by Malur Police Station, Kolar against the petitioner and two others initially for the offences punishable under Ss. 504, 302, 323 and 324 read with Sec. 34 of IPC. In the complaint, it is averred that the complainant is a lorry cleaner, who hails from Uttar Pradesh. On 8/7/2023, his lorry was parked for the purpose of loading near Honda Factory in Malur Taluk. Similar other lorries were also parked near the lorry in which the complainant was working as Cleaner. On 9/7/2023 at about 09.00 p.m., complainant heard somebody fighting. He saw petitioner, Prakash Singh and Ajay Kumar fighting with each other and at that time, complainant, Kaptan Singh and Ramgopal tried to interfere. Petitioner allegedly assaulted Ramgopal with a jack rod on his head and Ajay Kumar and Prakash Singh assaulted the complainant with a wooden piece and also with their hands. Ramgopal, who suffered grievous injury, was shifted to Hospital, but he was declared brought dead. It is in this background; complainant had approached the police and lodged a complaint, which had resulted in registering FIR in Crime No.273/2023. During the course of investigation, the petitioner was arrested on 10/7/2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed as against three accused persons. Petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by him before the Court of II Additional District and Sessions Judge, Kolar in Criminal Miscellaneous No.652/2023 was rejected on 17/8/2023. Therefore, he is before this Court.