Narendra Singh vs State of Karnataka

H.S. Kempanna, J.—The petitioner, who is arrayed as accused No. 2 in Crime No. 398/2013 on the file of respondent/police registered for the offences under Sections 302, 307 r/w 34 of IPC, is before this Court praying for enlarging him on bail. It is the case of the prosecution, on 01-08-2013 at about 3.10 a.m. when the deceased Narendra, Lokesh - the first informant were proceeding on Puliyar Kohil Street, Bangalore, this petitioner along with another came to the said place demanded from the complainant, Narendra and Prakash to get them beer bottle, to which they replied that they are unable to get the same at that house. At that juncture, it is alleged accused No. 1 suddenly took out a knife and assaulted on the left side of the chest of Narendra and thereafter stabbed with the same knife on the chest of the deceased, due to which the deceased died at the spot. Thus, the accused have committed the offences alleged against them.

Learned counsel for the petitioner submits the allegations in the first information itself reveal the petitioner has not assaulted either Narendra or the deceased in the case. The fatal injury has been implicated by accused No. 1. No overt act is attributed to this petitioner. The petitioner is in custody since 01-08-2013. He is no more required for the purposes of investigation. Hence, he be released on bail.

The application is opposed by the State. According to the prosecution, the accused in furtherance of their common intention have assaulted the victim - Narendra and have attempted to commit his murder and further they have committed the murder of the deceased - Prakash by stabbing with a knife on his chest. The occurrence has taken place on 01-08-2013 in the early hours at about 3.10 a.m. on Puliyar Kohil Street. The investigation is still to be completed. Therefore, in my view it is not a fit case to grant bail at this stage to the petitioner. Accordingly, there is no merit in this petition and it is dismissed.