ABIDH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under section 439 of Cr.P.C., 1973 for grant of bail in Crime No.92/2018 of Gonikoppal Police Station for the offence punishable under Section 307 of IPC.

(2.) It is alleged in the complaint that on 02.06.2018 at about 4.15 p.m., one Varshith friend of the complainant's brother made a call to complainant's mother's mobile phone and informed that her brother Vijay's wife Junaida's brother Abid stabbed Vijay with a knife over the neck and got him injured and also informed that now he is admitted in Government Hospital at Gonikoppa. Thereafter, a complaint was registered in the above said crime.

(3.) It is the contention of the learned counsel for the petitioner that complainant's brother was blackmailing the petitioner's sister and several times the petitioner warned the complainant's brother not to interfere with the petitioner's sister-Junaid. In spite of that, he used to take his sister and on such provocation, they had a heated conversation and in that heat of moment, the petitioner assaulted the complainant's brother without having any intention. Further it is submitted that the injured was got admitted in the hospital on 03.06.2018 and next day i.e., on 04.06.2018, he has been discharged and even the wound certificate issued by the Medical Officer, Samudaya Health Centre, Gonikoppa indicates that the said injuries are simple in nature and the injured is out of danger. Further it is submitted that at the most, the alleged offence may attract Section 324 of IPC and not more than that. On these grounds, he prayed to release the accused on bail.