Petition under Section 438 Cr.P.C. 2. Petitioner is accused Nos.2 and 4 in Crime No.1922/2014 of the Kundara Police Station, presently pending investigation for the offences under Sections 341, 506(ii), 323, 324, 307 read with Section 34 of the Indian Penal Code.
3. On account of enmity towards the injured Bindulal, who is the son of the de-facto complainant, the petitioner along with other accused, had visited the house of the de-facto complainant by 6.00 a.m. on 8.9.2014 in search of Bindulal. After exerting a threat, they went away. Thereafter, when Bindulal went out in search of his mobile phone, which was lost on the previous day, at 8.00 a.m. the first petitioner caught hold of him and stopped him thereby enabling the third accused and the second petitioner to beat B.A.7377 of 2014 2 Bindulal. The first accused inflicted a stab on the abdomen of Bindulal, thereby they had attempted to commit the murder of Bindulal.
4. Heard learned counsel for the petitioners and learned Public Prosecutor and perused the C.D. The incident had not occurred in the spur of a moment. It seems that there was a calculated attempt to attack the injured. The contents of the C.D. Prima facie reveal the common intention on the part of the petitioners in committing the offences alleged. The contents of the C.D. Prima facie reveal the complicity of the petitioners.
Investigation of the case is not over. Considering all the above, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge