IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MAY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.9505/2018 BETWEEN:
1.Akash, S/o Manohara, Aged about 21 years, R/at No.5, Patel Cheluvappa Street, J.C.Nagar, Bengaluru -560006.
2. Harimaga @ Nihal, S/o Hari, Aged about 22 years, Patel Cheluvappa Street, J.C.Nagar, Bengaluru -560006. …Petitioners ( By Sri.Shankaregowda H.N. Advocate for Sri. Thimmegowda K. Advocate) AND:
The State of Karnataka By J.C.Nagar Police Station, Bengaluru - 560006.
(By Sri.Divakar Maddur M, HCGP) …Respondent.
This criminal petition is filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Cr.No.158/2018 of J.C.Nagar Police Station, Bengaluru for the offence punishable under sections 143, 307, 324 r/w 149 of IPC This petition coming on for orders this day, the Court made the following.
ORDER Petitioners are accused Nos.2 and 3 in Cr. No.158/2018. Said case was registered against the petitioners and others for the offences punishable under Sections 143, 307, 324 r/w Section 149 of IPC, on the complaint of one Sanjay, son of late Sampathkumar.
2. It is alleged that on 19/10/2018 at about 12.45 p.m., the petitioner and 20-30 persons were making galata near the house of the complainant. It is further alleged that when the complainant tried to pacify the galata, the accused assaulted him with knife on his left chest and attempted to commit his murder by causing grievous injuries. Accused assaulted complainant’s younger brother also and caused him bleeding injuries.
3. Petitioners apprehending their arrest have filed this petition for anticipatory bail.
4. Though the victim is discharged from the hospital, the discharge summery shows that he was treated as inpatient in Mallige Hospital from 20/10/2018 to 27/10/2018. He had suffered stab injuries over the left lumbar region with large retroperitoneal hematoma and posterior colonic wall and he was surgically operated.
5. The medical record shows that the injuries are grievous in nature. The case is still at the stage of investigation. The weapon used for commission of the offence is yet to be seized. Under the circumstances, it is not a fit case to grant bail. Therefore the petition is dismissed.
Sd/- JUDGE Msu