ABDUL MUNEER @ MUNNI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.2 under section 439 of Cr.P.C., 1973 seeking his release on bail in Crime No.101/2018 registered by Puttur Town Police Station for the offences punishable under Sections 324 and 307 read with Section 34 of IPC.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.

(3.) Brief facts of the case as per the complaint are that on 10.06.2018 at about 11.00 p.m., when the complainant was in his relatives house, at that time the accused persons came in the Ford Icon Car bearing Registration No.KA-04-MC-56 and called the complainant. When the complainant came out of the house, accused No.1-Mohammad Shameer asked him to pay the money which was due by him, then the complainant stated that he is not in due of any money to him then, accused Nos. 2 and 3 took the complainant along with them as they have to talk with him and they went in the car. Thereafter, the said car was stopped at some distance from the relatives house. There, accused No.1 asked him to pay the money, in turn, he stated that he is not in due of any money to him. Then, accused No.1 stated not to leave him alive, if he is not paying the amount. At that time, accused No.1 showed the knife and accused Nos.2 and 3 showed the iron rod and asked him to pay the money. When the complainant tried to escape from them thinking that they are going to take away the life of him, at that time accused No.1 restrained him and assaulted on his chest with knife, at that time he put his hand across and the said blow fallen on his left wrist and he sustained bleeding injuries. When he fell down, accused Nos.2 and 3 assaulted on his back with iron rods and then he escaped and ran away towards the house of Farooq and at that time the accused persons were stating as "kill him" and chased him but he escaped. Due to fear, he hide himself and next day, he went to the house of Farooq and the said Farooq took him to the Government Hospital at Puttur for treatment and got him admitted. Thereafter, a case came to be lodged.