CHATAK BAHADOOR DHWALA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.3 under section 439 of Crimial P.C. 1973 seeking his release on bail in Crime No.119/2015 of Mahadevapura Police Station for the offences punishable under Sections 302, 307, 397, 506 B, 411 read with Sec. 34 of I.P.C.

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

(3.) The brief facts of the case of the prosecution are that: Wife of the deceased lodged a complaint. In the said complaint it is alleged that accused No.1 was working as security guard, who stated on the night that his wife having stomachache, in that connection he called to mobile No. of the husband of the complainant stating that he needs help from them. Immediately, complainant's husband opened the door of the house, then four persons including accused No.1 barged inside the house. Complainant was right behind her husband. Immediately four persons attacked complainant and her husband and punched on their face. They hit on her husband's head nose and face. Two of the accused pushed her down on the floor and severely attacked her husband and forcibly dragged him to the kitchen tied his hands and legs. Thereafter accused persons took the complainant to the bed room and forced her to open the cupboards and also made her to show gold and money by keeping a knife on her neck. The complainant gave all keys and she was made to sit in the hall forcibly. They took all the gold from the cupboard. At that time, she went to balcony and shouted for help. Immediately Police came there and by that time accused ran away from the spot. On the basis of the said complaint, case came to be registered in the respondent Police Station.