LATHESH Vs. STATE BY HIRIYADKA

JUDGEMENT

(1.) The present petition has been filed by petitioner- accused No.4 under Section 439 of Cr.P.C., to release him on bail in Crime No.141/2016 (S.C.NO.18/2017) pending on the file of Principal Sessions Judge, Udupi District, Udupi for the offence punishable under Sections 302 , 112 , 120(B) read with Section 34 of IPC.

(2.) I have heard the learned counsel Sri. Balakrishna M.R for the petitioner - accused No.4 virtually and learned High Court Government Pleader Sri. M. Divakar Maddur for the respondent - State.

(3.) The genesis of case as contended by the complainant is that on 19.12.2016 at about 01.15 p.m., the complainant received a phone call that his brother- in-law Praveen Kulal has been assaulted by Talwar near Hiriyadka Kotla Katte, immediately, the complainant along with his co-brother Umesh Kulal came to the said place and there, he found the deceased-Praveen Kulal's lying in a pool of blood and there were so many injuries over the body of the deceased and he also found a pistol lying near the body. On enquiry with neighboring people about the incident, he came to know that the deceased came in his car bearing Registration No.KA- 19-MB-1616 and went to Diya Bar, where he met his known people and there was a quarrel between them because of previous enmity, the deceased came out of the bar and tried to escape from the place. The accused persons chased and assaulted him by Talwar, consequently, he fell down and breathed his last. On the basis of the compliant, a case has been registered.