MITESH MANDIEP PHERAVO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.4 as per remand application (accused No.2 as per FIR and accused No.6 as per Charge sheet) under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Section 302 r/w 34 of IPC , registered in respondent - police station Crime No.69/2017.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 (as per remand application), so also the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned counsel for the petitioner made submission that, though in the complaint there is an allegation that the present petitioner along with other accused persons assaulted the deceased Zuher Mirza with hands and kicked with lower limbs, in the further statement of the complainant, it is clearly stated that when other accused persons started to assault the deceased, present petitioner asked them not to made galata in front of his house. The further statement also goes to show that there is no allegation that the petitioner assaulted the deceased even with hands or kicked with lower limbs, but on the contrary, he came to the rescue of the deceased, asking other accused not to assault him and it is he along with Ashok took the injured to the hospital. Learned counsel also made submission that, in the similar set of allegations made as against accused Nos.3 and 4 as per the charge sheet, they have already been granted bail by the order of the Court. Hence, learned counsel made submission that, now investigation of the case is completed and charge sheet is also filed, by imposing reasonable conditions, he may be admitted to the regular bail.