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Judgment
K. Natarajan, J
This petition is filed by petitioner/accused No.4 under Section 439 of Cr.P.C., for granting bail in Crime No.217/2020 registered by Kumbalagudu
Police for the offences punishable under Sections 143, 147, 148, 504, 307, 324 read with Section 149 of IPC.
The case of the prosecution is that one Deepak V., filed the complaint before the police and the police registered the case. During the course of
investigation, the petitioner was arrested on 18.03.2021. The complainant has stated that he is running a car wash garage and accused No.1 worked
with him 6 years back and later, he left the job and he came near car wash garage and asked him to provide drinks and water and there was a quarrel
in the Dhaba. Therefore, the police came and enquired accused No.1, on the background, this complainant gave information to the police suspecting
him that on 14.09.2020 at about 8.45 p.m., this petitioner along with six persons came in a motor bike and accused No.1 assaulted the complainant
with a long and other accused persons also assaulted with long and dragger, at the time, eyewitnesses - Lakshmana and Basava, garage person came
and the police also came near the spot. Immediately, the accused persons ran away from the spot. During the course of investigation, the police
arrested this petitioner and motor bike has been seized from him. The petitioner has approached the Sessions Court for grant of bail, which came to be
rejected. Hence, he is before this Court.
Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case.
His name is not found in FIR and he is in custody since more than 1 month. There is no overtact against him. Hence, prayed for allowing the bail
petition.
Per contra, learned High Court Government Pleader objected the bail petition.
Upon hearing the arguments and on perusal of the records which goes to show that of course, the complaint came to be filed after sustaining
injuries. The complainant was saved because of arrival of police. Accused No.1 and others are friends who came to the shop of the complainant to
commit murder as he himself gave tips to the police when they quarrelled in Nisaraga Daba. The co-accused persons are still absconding and not yet
arrested by the police. There are two eyewitnesses to the alleged incident other than the injured person. The police have seized the motor bike from
the petitioner. The investigation is under progress. It is required to conduct the Test Identification Parade by the police for getting identification of this
petitioner from the injured and eyewitnesses. The co-accused persons are still absconding. Therefore, pending investigation, I am of the view that this
petitioner is not entitled for bail.
Accordingly, the bail petition filed by petitioner/accused No.4 under Section 439 of Cr.P.C., is dismissed.