CHATAK BAHADOOR DHWALA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 , 394 read with Section 34 of IPC, registered in respondent - police station Crime No.119/2015. After completing investigation, Police have filed the charge sheet against accused Nos.1 to 5 for the offence under Sections 302 , 307 , 397 , 506B , 411 read with Section 34 of IPC.

(2.) Brief facts of the prosecution case as per the complaint averments that wife of the deceased lodged the complaint, wherein she has stated that accused No.1 was working as a Security Guard, who stated on the night that his wife was having stomach pain and in that connection called to the mobile phone of the husband of the complainant stating that he needs help from them. Immediately, the husband of the complainant opened the door of the house, then four persons including accused No.1 barged inside the house. She was very much present behind her husband. Immediately, four persons attacked the complainant and her husband and punched on their face. Her husband was hit on his head, nose and face. Two of them pushed her down on the floor and her husband was severely assaulted and dragged him to the kitchen. His hands and legs were tied. Thereafter, they came to her and took her to the bedroom. They forced her to open the cub-boards and made to show the gold and money kept there by pointing a knife on her neck. She gave all the keys and then she was made to sit on the hall. They went all the rooms and ransacked the cub-boards. She went to the balcony of the hall and shouted for help. Then immediately, the Police came, they tried to caught hold the said persons, but they ran away. On the basis of the said complaint, firstly case came to be registered for the offence under Section 394 and 302 read with Section 34 of IPC, but subsequently, when charge sheet was filed, the other offences were also included in the charge sheet.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.