HAMZA Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The present petitioner is arraigned as accused No.2 in the following background; It transpires that on 04.12.2015, he along with one Deepak and Yaswind were proceeding in a car towards International Airport at Mangaluru for the purpose of receiving the sister of Deepak, who was expected to arrive at about 11.30 p.m. When they reached Iyengar Bakery at Kasaba Bengre, accused No.1, the present petitioner and others are alleged to have formed themselves into an unlawful assembly and illegally waylaid the car of the complainant and after abusing Deepak and Yaswind, they also threatened them with their lives. It is alleged that accused Nos.1 and 2 had assaulted Deepak with a Thalwar and iron road. They also are alleged to have assaulted the complainant on his head and left shoulder and one Vijeth, who was present at the spot had sustained injuries and the car was also damaged by the accused. After having committed the act, the accused are stated to have fled and thereafter a case has been registered against the petitioner and others. The petitioner had approached the Sessions Court seeking enlargement on bail and the same has been rejected on the ground that there was incriminating material available against the present petitioner and that accused No.1 was still at large and in the given circumstances of the case, the petitioner was not entitled to be enlarged on bail.

(3.) However, the learned counsel would point out that the complainant has not stated any possible motive against the present petitioner or other accused for having attacked the complainant. The main allegation is that the present petitioner was involved in the attack. In the absence of other incriminating material, it would not suffice to bring home the motive attributed to the petitioner. The injuries sustained are stated to be simple in nature.