SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No. 102032/2022 is filed by the petitioner/accused No. 2 and Criminal Petition No. 102056/2022 is filed by the petitioner/accused No. 1. Both the petitions are filed under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Hubballi Sub-Urban Police Station Crime No. 11/2022, for the offences punishable under Ss. 307, 341, 504 and 506 read with Sec. 34 of Indian Penal Code (hereinafter referred to as 'IPC', for brevity).

(2.) The case of the prosecution is that one Kushal has lodged complaint stating that on 23/2/2022 at about 02.30 p.m., he purchasing the chappals from Janata Bazar, Hubballi returning to his house along with his friend in front of the Ashraya lodge, situated at P.B. road, Old Hubballi on the public road at that time the complainant requested accused Nos. 1 and 2 to leave way to go from the said road, at that time accused Nos. 1 and 2 have picked up quarrel with him with a common intention to commit an offence, abused the complainant in filthy language and also accused No. 1 threatened to the life of the complainant and he took knife with an intention to stab on Rohan i.e. the friend of complainant, at that time accused No. 2 caught hold him and then accused No. 1 attacked on the said Rohan to stab on his head, but the said Rohan tried to rescue but has sustained injuries. At that time the complainant tried to rescue his friend Rohan, accused No. 1 stabbed the complainant by means of knife and caused grievous injuries on his forehead and at that time accused No. 3 also watching them with an intention not to allow the public to pacify the attack made by the accused on the complainant and his friend Rohan, on seeing the public gathered there, all the accused ran away from the spot and the complainant and his friend Rohan have taken for treatment in the KIMS. hospital and a case has been registered in Crime No. 11/2022 for the aforesaid offences. The Investigating Officer after the investigation has filed charge sheet for the aforesaid offences. During the course of the investigation, accused Nos. 1, 2 and 3 have filed Criminal Miscellaneous No. 5257/2022 seeking bail and the same came to be rejected by the V Additional District and Sessions Judge, Dharwad sitting at Hubballi by order dtd. 4/6/2022. Therefore, accused Nos. 1 and 2 are before this Court seeking bail.

(3.) Heard Shri. Gourishankar Mot, learned counsel for accused No. 2, Shri. Vishwanath S. Bichagatti, learned counsel for accused No. 1 and learned High Court Government Pleader for respondent-State.