VEERESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused No.3 under Section 439 of Cr.P.C., seeking to grant him bail in Crime No.74/2018 of Hubballi Town Police Station, registered for the offences punishable under Sections 302 , 114 r/w Section 34 of the Indian Penal Code (hereinafter referred to as " IPC " for short).

(2.) I have heard the learned counsel for petitioner/accused No.3 and the learned High Court Government Pleader for respondent/state.

(3.) The genesis of the compliant is that, on 08.06.2018, in the midnight, at about 12.10 a.m., when the complainant was returning from his work, one Smt. Zarina Begum called him over a phone and informed that somebody is quarrelling with her son Fairoz at J.C. Nagar, near Ajanta Hotel and she told him to go to the said spot. The complainant rushed to the said place and saw his relative Fairoz and another person by name Riyaz, lying on the ground, with injuries. At that time, accused No.1, 2 and another person were standing there. The complainant enquired with them as to what has happened, but accused No.1 tried to stab him with a knife, for which the complainant made a shout and on hearing his sound, the watchman of Ajanta hotel and others came there. On seeing them, the accused persons fled away on a motorcycle. Immediately the complainant took both the injured persons for treatment to KIMS hospital and there the doctor declared that the Riyaz was brought dead. On the said day, Fairoz was also seriously injured and he was admitted in hospital but during the course of treatment, he also died. In this regard, a complaint was filed and on the basis of the compliant case has been registered.