GANESH LINGAM @ VIGNESH @ VIGGU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in Crime No.278/2018 of respondent Police, for the offence punishable under Section 307 read with Section 34 of IPC.

(2.) The substance of the complaint as could be seen from the certified copy of the order passed in Crl.Misc.7785/2018 dated 03.10.2018 by the LXIII Additional City Civil and Sessions Judge, Bengaluru City is that, the complainant is one Smt. Smitha, wife of Santhosh Naik who is the injured. It is stated that on 5.9.2018 at about 1.30 a.m. they returned from Thirupathi and stayed at her husband's aunt's house. On 6.9.2018 at about 7.00 p.m. her husband went out of the house, but he did not return even after 9.00 p.m. The complainant telephoned her husband asking him to come back to the house, but he told that he would return after some time as he is with friends. He did not return even after 10.30 p.m. Again complainant phoned her husband, but her husband told that he would come within a short time. Again the complainant phoned at about 12.30 a.m. at that time, friend of her husband, namely Saravana received the phone call and informed her about the incident and told that some strangers tried to kill her husband by knife, assaulted him on the left abdomen when they tried to rescue him the accused persons hit them by broken beer bottles. After the incident his friends admitted the injured person to Sagar Hospital, Bangalore and called her to come to hospital. It is the further case that, on 8.9.2018 the injured gave statement before the police in the presence of the Doctor stating that, accused, namely, Vignesh @ Vigu, Srikanth @ Seven and Ajith @ Gojju picked quarrel with them, accused Srikanth hit him by a broken beer bottle, at that time Arun came to separate the quarrel, but the bottle fell to his head. Thereafter, the accused Ajith pierced him by a knife and he sustained injury to his hand and when the injured was running away from the spot, accused Srikanth and Ajith chased him, prevented him and accused Vignesh pierced him by knife. Petitioner filed bail application under Section 439 Cr.P.C. before LXIII Additional City Civil and Sessions Judge, Bengaluru in Crl.Misc.No. 7785/2018 which came to be dismissed on 3.10.2018. Hence, he has preferred this petition praying to enlarge him on bail.

(3.) Heard learned counsel for the petitioner- accused and learned SPP II for the respondent-State.