Application filed under Section 439 of the Code of Criminal Procedure.
2. Petitioner is the 5th accused in Crime No.397 of 2014 of the Manjeshwar Police Station registered for the offences punishable under Sections 143, 147, 148, 450, 307, 326 and 212 r/w Section 149 of the Indian Penal Code.
3. The allegation against the petitioner and other accused is that, they formed themselves into an unlawful assembly armed with deadly weapons like swords, committed rioting and rioting armed deadly weapons, and attacked the de facto complainant by cutting him with swords. The petitioner has been custody for the period from 19.09.2014 onwards.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the C.D.
5. The contents of the CD prima facie reveal that the complicity of the petitioner. It has been reported that the petitioner is an accused in Crime No.133 of 2014 of the Vidla Police Station registered for the offence under Section 307 of the Indian Penal Code and the said incident was caused just B.A.No.7773 of 2014 2 prior to the incident in this case. He is an accused in Crime No.170 of 2010 of the Kumbla Police Station registered for the offences punishable under Sections 341, 323, 324, 308 r/w Section 34 of the Indian Penal Code. It seems that the de facto complainant has sustained very serious injuries in this case. Investigation of the case is not over. Considering the seriousness of the allegations against the petitioner, the present stage of investigation and the serious criminal antecedents on his part, I am satisfied that the petitioner is not entitled to be enlarged on bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge