RAJESH. K. S. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by accused No.2 under Section 439 of Cr.P.C. praying to release him on bail in CC.No.32302/2018 on the file of V Additional CMM, Bangalore arising out of Crime No.399/2018 of Kamakshipalya Police Station for the offences punishable under Sections 307, 302 r/w. Section 34 of IPC.

(2.) I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.

(3.) The gist of the complaint is that on 12.08.2018 at 8.30 p.m., the cousin brother of informant Sathish came to his home requested to come with another cousin Avinash and neighbor Anvith to go Rajesh's Room at Sunkadakatte for asking money from Rajesh. Thereafter all of them went to Ganga Bar, consumed alcohol, went near Rajesh's room, at that time 7 to 8 persons were having meal in the room. The complainant went into the room asked all the persons why they have abused Sathish for asking return of money. At that time his cousin brother Sathish told the complainant that it is one Mr. Abhi who abused him. Then the complainant asked the persons who were present there about Abhi and they replied that Abhi has gone outside. At that time two persons Rajesh and Abhi came near the door. In the meanwhile, one Punith (accused No.1) started abusing the complainant and his cousin brothers and removed a dragger from his pant pocket and stabbed on the backside near abdomen of the complainant with an intention to kill him and all others dragged his cousin brother Avinash from third floor to down floor and the person who had stabbed him with the dragger also stabbed his cousin brother Avinash with an intention to murder him. At that time Anvith and another cousin brother Sathish frightened and ran away from that place. The complainant and his cousin brother Avinash suffered injuries and all the accused ran away from that place as public gathered there. Subsequently, the injured were taken to Lakshmi Hospital in 108 Ambulance and after taking first aid both of them have been shifted to Victoria Hospital and Avinash died before going to the hospital. On the basis of the complaint the case came to be registered.