SHAIK HABEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.2 and 3 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.75/2019 of Cowl Bazar Police Station, Ballari, registered for the offences punishable under Sections 302 , 143 , 147 , 149 , 120B , 307 and 148 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Sections 3(2)(v) and 8 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the 'SC and ST Act ', for brevity)

(2.) It is the case of the prosecution that one Smt. Saraswathi wife of the deceased had filed a complaint stating that since 10 years there was illicit relationship between her husband-Eshwar and the mother of petitioner No.1 i.e., accused No.1-Shaik Haseena. It is further alleged that the said accused No.1 asked Eshwar not to pursue the said relationship as her children have grown up but the deceased did not heed to her requests. It is further alleged that on 04.05.2019 at about 7.00 pm, accused No.1 and petitioner No.1 conspired to commit murder of Eshwar and accused No.1 telephoned through her mobile to the deceased asking him to come near Thilak Nagar situate by the side of Anika Hondai Show Room, cantonment Ballari. Then all the accused surrounded him and accused Nos.2 and 3 stabbed Eshwar with knife on his chest, back, stomach, neck and other parts of the body and caused bleeding injuries. Accused Nos.4 to 6 assaulted Eshwar with wickets on his person and caused grievous injuries, due to which Eshwar died on the spot. It is further alleged that accused Nos.2 and 3 stabbed CW-12, who came to pacify the quarrel, on his stomach and accused No.4 assaulted with wicket on his head, neck and caused bleeding injuries. The said complaint came to be registered in Crime No.75/2019 of Cowl Bazar Police Station, Ballari. The petitioners came to be arrested on 08.05.2019. The petitioners approached Spl. Court, Ballari, seeking bail in Special Case No.793/2019 and the said application came to be rejected by order dated 11.08.2020. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.