PRAKASH @ DYAVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is arraigned as Accused No.4 in Crime No.38/2016 and he has already been arrested in connection with this case on 25.03.2016 and since then, he has been in Judicial Custody.

(2.) The said case has been registered on the basis of the FIR lodged by one Nagaraju, wherein he has categorically stated that on 13.02.2016 at about 5.00 p.m.. he has parked his car in front of the house of his sister at Neelasandra Village. At about 7.00 p.m., a tractor came in the said area and the driver of the said tractor called the complainant in order to remove the car for making way to the said tractor. Accordingly, the complainant's son removed the car from that place. Thereafter, the driver of the tractor did not allow to park the car again in that place in spite of request made by his son. Thereafter, after some time, the said tractor driver came there along with other accused persons and all of them have assaulted the complainant with a chopper on the left side of the head of the complainant. In that context, it is also stated that the petitioner/A4 - Prakasha @ Dyavaiah has assaulted the complainant on his right side shouder with a knife and all other accused persons have dragged him and assaulted with their hands and kicked him with their legs. Having sustained some injuries, it is stated that he was admitted to the Huliyur Durga Primary Health Center and thereafter, he took treatment and discharged. On the previous date of hearing, the complainant himself was present before the Court. In fact, he engaged a counsel to object the bail petition and the said counsel is permitted to assist the learned HCGP.

(3.) Heard the learned counsels appearing on both sides. It is seen from the records that, though the incident has happened on 13.02.2016, but the complaint was filed on 18.03.2016 i.e., after lapse of 34 days. There is no explanation in the complaint as to why such delay has been caused. The learned counsel has drawn my attention to the injury certificate issued by the Doctor, who treated the injured, which shows that the injured sustained four injuries, viz.,