REHAMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.5 in S.C.No.1126/2023 pending before the Court of LXI Addl. City Civil and Sessions Judge, Bengaluru City arising out of Crime No.71/2023 registered by Hebbal Police Station for the offences punishable under Ss. 323, 304, 504 read with Sec. 149 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.

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

(3.) On the complaint of Jekab dtd. 17/4/2023, FIR in Crime No.71/2023 was registered by Hebbal Police Station, Bengaluru City for the aforesaid offence against Jeelu and others. Petitioner was arraigned as accused No.2 in the FIR. In the complaint it is averred that complainant's brother - Alex, who had gone out from their house at about 6.30 p.m. on 16/4/2023 had not returned. On 17/4/2023 at about 1.00 a.m., complainant received information that his brother - Alex was assaulted by the accused persons named in the FIR and others with deadly weapons and therefore, he was shifted to Dr. Ambedkar Hospital. Immediately, complainant went to Dr. Ambedkar Hospital and found that his brother - Alex, who had sustained grievous injuries on his head, was admitted in the hospital thereafter, as per the medical advise, Alex was shifted to Nimhans Hospital, Bengaluru and at about 7.00 a.m., on 17/4/2023, he had died while undergoing treatment. It is in this background, a complaint was lodged based on which, FIR in Crime No.71/2023 was registered.