ANAND RAJU @ KULLA RAJA S/O SAM RAJ Vs. THE STATE OF KARNATAKA BY ASHOKNAGAR POLICE REPRESENTED BY THE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THESE two Criminal Petitions novo been filed by accused Nos.5 and 80 respectively under Section 439 of Cr.P.C., seeking bail in Crime No. 74/2009 of Ashoknagar Police Station for the offences punishable under Sections 143, 147, 148, 307 road with Section 149 of IPC.

(2.) THE case of the prosecution is that the Complainant is manufacturer of 'Coffin' in Corporation Shop No. 18, Austin Town, Bangalore. The Complainant is a police informer. 7 to 8 persons belonging to Mubarak Ali used to commit crimes, earn money and send the same to Mubarak Ali. Nobody gave a complaint against them. The Complainant has stated that 2 or 3 times he gave information to police about Mubarak All. Therefore, the persons of Mubarak Ali came to the shop of Complainant, made galata and gave threat to his life. On 26.2.2009 at about 12 noon, when the Complainant son was working in the shop, Mubarak, Velu and two other persons armed with iron rod and dagger came and asked Rajakutti, the Complainant to come out of the shop. They also told that on several times, he wets warned not to give information to the police. But even then, the Complainant was giving false information to the police against them and they told that they would not leave the place without killing him. Thereafter, Abid Ali/accused No. 1 took a dagger and assaulted the Complainant. At that time, to avoid the blow, Rajakutti held his hands, the blow fell on his left fingers and caused bleeding injuries. The complainant's son came to his rescue. Accused No. 1 assaulted the Complainant's son with dagger and caused bleeding injuries. People gathered at the spot, informed the police and the accused persons ran away from the scene.

(3.) LEARNED HCGP submits that keeping in view the serious threat given by the accused and the present petitioners were supporters of Mubarak Ali, they would again go and threaten the Complainant or may flee from the course of justice.