SRI. H. N. SATHEESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under section 439 of Cr.P.C., 1973 to release him on bail in Crime No.181/2018 of Vijayanagar Police Station, Mysuru for the offences punishable under Sections 323, 307, 504 and 506 of IPC and also under section 25 of Arms Act, 1959.

(2.) Brief facts of the case as per the complaint are that one Raghu S. has filed a complaint alleging that he is working as a driver in BIT Travels. On 13.07.2018 at about 10.30 p.m., he had to attend the customer drop from Vijayanagar 4th Stage to Bengaluru Airport, thereby he has taken his company's Swift Desire Car bearing No.KA-09-B-9920 and at about 9.45 p.m., on the instructions of the customer, he was going on the mud-road near N.P.S. School, at that time an Innova Car bearing No.KA-09-MD-3189 by overtaking his car went ahead. The complainant stopped the car at the location. The Innova Car also stopped with little distance from his car and a person came down from the said car by holding a Pistol and opened fire in air from the pistol and kicked the front Bonnet of the complainant's car. When the complainant came down from the car, said person also abused him in filthy language and assaulted him with hands and leg and also threatened his life. Further once again, said person fired on the ground just near complainant. On the basis of the said complaint, a case was registered.

(3.) It is the contention of the learned Senior Counsel that only because the said car was chased subsequently, it was stopped and in that event, the alleged incident has taken place. Further it is submitted that the accused petitioner was holding a licensed pistol and he has opened fire in the air, that itself go to show that he was not having intention to kill the complainant. Further it is submitted that said offence alleged against the petitioner attracts maximum punishment of ten years. He further submitted that the Court below has rejected his application only on the ground that the petitioner was a rowdy-sheeter. But only one criminal case has been registered against the accused petitioner and no other allegations were there to hold him as rowdy-sheeter. He further submitted that he is ready to abide by the conditions imposed on him by this Court and ready to offer surety for his appearance before the Court. On these grounds, he prayed to allow the petition.