MURGESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 439 of Cr.P.C., by petitioner-accused No.2 for the offences punishable under Sections 324, 326, 307, 427 of IPC and Sections 3, 4 and 6 of Explosive Substances Act, 1908 of Puttur Town Police Station, in Cr.No.162/2018.

(2.) The case of the prosecution is that there was a quarrel between the complainant and accused No.1, who is said to be the tenant of the complainant, in respect of consuming alcohol and using non-veg in the house. Thus, accused No.1 with an intention to murder the complainant. Obtained jelletin sticks which are using for blasting rocks in stone quarry and prepared the country bomb and kept the same in the house of the complainant by pouring diesel. The said bomb was exploded and due to which CW1 and CW2 were sustained injuries. Thereby, accused No.1 was arrested and on the basis of voluntary statement of accused No.1, present petitioner-accused No.2 have also been arrested.

(3.) Learned counsel for petitioner contended that he is innocent of the alleged offences and he did not know anything about the said incident. He has sold the jelletin sticks for the purpose of electrical appliance. This petitioner name was not found in the FIR or in the complaint. He is ready to abide by any conditions that may be imposed by this Court. The charge sheet has already been filed by the police, he is not required for further investigation. Hence, he prays to allow the petition.