HEMANTH KUMAR.G Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.

(2.) Petitioner is arraigned as accused No.3 in Crime No.83/2019 of Mico Layout Police Station. He was shown as accused No.3 in the charge-sheet, however, his name does not find in the FIR. One Arjun is arraigned as accused No.4 in CC.No.17128/2019.

(3.) Brief facts of the case are that the complainant-Jagannatha @ Jaggu has lodged a complaint stating that deceased-Manjunath is the friend of the complainant since six months. Both of them used to meet each other often in the house of the deceased. On 25.04.2019 at about 5 PM, the deceased Manjunath called the complainant and the complainant went near the house of Manjunath. Thereafter, they went to building which was under construction near RTO office to have liquor. At that time a person came and informed Manjunath to go to first floor of the building. Complainant and the deceased went to first floor and there they found four persons (accused Nos.1 to 4 including this petitioner). In fact, they assaulted the deceased-Manjuanth on the allegations that about fifteen days back the deceased-Manjunath stared at accused. It is alleged that one of the accused has assaulted with bottle on the head of the deceased and others have assaulted with their hands and caused severe injuries.