RAVI @ APPA VADDU Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition has been filed by the petitioner/accused No.3 under section 439 of Cr.P.C., 1973 in respect of Brucepet Police Station Crime No.306/2017 for the offences punishable under Sections 143, 147, 148, 341, 323, 302, 504, 506, 149 of IPC.

(2.) Heard the learned counsel for the petitioner and so also learned H.C.G.P. for the State.

(3.) Brief facts of the case are that on 13.12.2017 at 11.00 p.m. when the complainant along with his friend Shakeel and others were standing, near Fast Food Hotel situated by the side of New Bus stand, Ballari, accused persons came to the said Hotel and started quarreling with the owner of the Hotal asking him to open the hotel and to provide meals. Then complainant's friend Shakeel intervened and asked as to why they were quarreling with the hotel owner when he said that meals is not available and scolded them. After sometime, the said Shakeel also went from there along with complainant on a motorcycle. Thereafter, in the intervening night on 13.12.2017 and 14.12.2017 at about 12'o clock, accused persons came on a motorcycle and two auto rickshaws, formed an unlawful assembly, followed the complainant and sopped the motorcycle and started assaulting the said Shakeel. The accused persons started abusing the said Shakeel in filthy language and assaulted him with chopper, auto rickshaw kick rod and with hands and legs. They also threatened the complainant with dire consequences, if he disclosed the said incident to police. Thereafter, complainant shifted his friend Shakeel to the hospital. The said Shakeel breathed his last on 22.12.2017 while he was under treatment. Therefore, the complainant lodged a complainant and a case came to be registered in Crime No.306/2017 before the Bruecepet Police. Subsequent to the death of Shakeel, Section 302 of IPC has been invoked to the said crime. The petitioner was arrested on 15.12.2017. The Investigation Officer conducted the investigation and after recording the statements of witnesses, filed charge sheet against the accused.