PRAKASH SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.3 in Crime No.273/2023 registered by Malur Police Station, Kolar for the offence punishable under Ss. 323, 504, 302 read with Sec. 34 of Indian Penal Code (for short, 'the IPC') is before this Court under Sec. 439 of the Criminal Procedure Code (for short, '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 Sri. Charan Singh and two others initially for the offence punishable under Ss. 34, 504, 302, 323 and 324 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 Charan Singh, Prakash Singh and Ajay Kumar fighting with each other and at that time, complainant, Kapthan Singh and Ramgopal tried to interfere. Charan Singh 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 who is arraigned as accused No.3 in the chargesheet was arrested on 10/7/2023 Investigation in the case is complete and charge sheet has been filed. His bail application filed before the II Addl. District and Sessions Judge, Kolar in Crl.Misc.No.652/2023 was rejected on 17/8/2023. Therefore, he is before this Court.