KUMARESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.26/2018 with respect to offences punishable under Sections 302 , 411 r/w 34 IPC .

(2.) The case of the prosecution is that on 12.02.2018 at about 8.00 p.m., when the deceased was talking on his mobile phone, four accused persons came there and with an intention to rob him. Accused nos.2 and 3 caught hold of the deceased and it is stated that accused no.1 tried to snatch the mobile phone and the deceased resisted. Accused no.1 threatened him and stabbed him on the left thigh of the deceased with the knife causing injuries. It is stated that the accused persons snatched the mobile phone and escaped from the spot. It is stated that subsequently, the mobile phone that was snatched was sold and the knife which was used for commission of offence stated to have been thrown in to the drain.

(3.) The learned counsel for petitioner states that the incident has occurred at 8.00 p.m., in the night. The accused are strangers. There is no identification through test identification parade. It is further stated that admittedly there is a lone stab injury on the left thigh of the deceased. This fact remains uncontroverted and hence he has contended that it cannot be said that there was any intention to commit murder. The offence that is made out may be under Section 304 (1) or 326 of IPC .