MOHAMMED SHOAIB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.6 under Section 439 of Cr.P.C. seeking bail in Crime No.55/2020 of Hubballi Sub-Urban Police Station registered for the offence punishable under Sections 143, 147, 148, 302 r/w Section 149 of IPC and Section 3(2)(v) of SC and ST(POA) Act.

(2.) The case of the prosecution is that one Krishna Kademani, the father of the deceased Lokesh has filed the complaint. In the complaint, it is alleged that his son Lokesh in earlier point of time used to tell him that his friends 1. Sagar Dabade-accused No.1, 2) Siddu Joladadagi-accused No.2 3) Kiran Honnalli-accused No.3, 4) Rajat Naik-accused No.5 and Sharukh Gutti-accused No.4 often and again threatening him to kill him. That on 28.07.2020 at about 8.30 p.m when the complainant sitting in his home, his son s friend Rajesh S/o Basavaraj Ambiger came with blood stained clothes and on enquiry Rajesh revealed that at about 7.30 p.m. himself and deceased Lokesh were standing with other friends near Gynan Bharati School. At that point of time accused No.1- Sagar Dabade with two other persons came on their bikes and taken out lethal weapons. Seeing them deceased Lokesh started running towards Krishna Kalyan Mantapa. They followed Lokesh. Rajesh too followed them and at that time beside Krishna Kalyan Mantapa they stabbed Lokesh. Rajesh started screaming and tried to rescue Lokesh. They threatened to finish him if he comes in their way. Hence, he stepped back and started screaming loudly for help. Nearby house people started gathering and as such they fled away from spot with weapons, the other two persons standing at a distance. Since, blood was oozing from chest and stomach of Lokesh, he stopped an auto and took Lokesh to KIMS. However, the doctors declared him dead. Complainant and Rajesh visited the KIMS Hospital and thereafter, lodged complaint against five person in Hubballi Sub-urban Police Station. The petitioner came to be arrested on 29.07.2020. He has filed bail application before II Addl. District, Sessions and Special Judge, Dharwad and the same came to be rejected by order dated 01.09.2020. Therefore, the petitioneraccused No.6 is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.6 and learned HCGP for respondent-State.