PRASANNA KUMAR @ PRASANN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.198/2017 of Nelamangala Rural Police Station for the offences punishable under Section 302 read with Section 149 of IPC.

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

(3.) The gist of the case of the prosecution is as under: It is the case of the prosecution that on 30.07.2017 at about 12.30 P.M., complainant along with his friend Narasimhamurthy and deceased Paramesh went to a Bar situated at T.Begur, Thyamagondlu Road and at about 6.00 P.M., they came in front of the Bar, at that point of time Narasimhamurthy was scolding someone over the moblie phone and one person standing near the Innova Car said to have come and enraged him and at that time, deceased Paramesh slapped him and he fell down. Immediately, another person came with a knife and stabbed to the stomach of the deceased Paramesh and along with other three persons they went away in the said Innova Car. Immediately, the said injured was taken to the hospital and thereafter, complaint was registered for the offence punishable under Section 307 read with Section 34 of IPC. Subsequently, on 13.08.2017 the injured-Paramesh succumed to the injuries and as such the offence has been converted to Section 302 read with 149 of IPC.