BALAPPA MALLAPPA KONAKERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the accused seeking to be enlarged on bail pursuant to his detention in connection with proceedings in Crime No.459/2018 with respect to the offences punishable under Sections 143, 147, 342, 323, 324, 302, 504, 149 of IPC

(2.) The case that is made out by the prosecution is that the complainant was a driver of the lorry bearing registration No.KA-22-C-5788 which belongs to accused No.1 and the lorry was driven to Chennai from Poona which was loaded with motorcycle rims. It is stated that in transit when the lorry has reached Sira at about 1.00 a.m. on 11.12.2018, lorry met with an accident and there was damage to the lorry. On hearing of the said accident, accused No.1 along with other accused is stated to have reached the spot and assaulted the deceased and caused physical harm. It is further stated that subsequently after lodging a complaint before the police, the accused together has stated to have assaulted the deceased. On the basis of the said complaint, FIR was registered. After investigation charge sheet has been filed. The petitioner is in custody since 14.12.2018.

(3.) On perusal of the charge sheet, copy of which is produced. It is noted that the imputations made against accused Nos.1, 2, 4 and 5 are identical and it is alleged that the aforesaid accused have together assaulted the deceased. It is noted that accused No.2 has been enlarged on bail in Crl.P.No.2557/2019, accused No.3 has been enlarged on bail in Crl.P.No.2307/2019, accused No.4 has been enlarged on bail as per the order in Crl.P.No.5979/2019 and accused No.5 has been enlarged on bail as per the order passed in Crl.P.No.301/2019.