MUSTAQ AHAMMAD HUSSAIN SHAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C. seeking bail in Crime No.141/2018 of Karwar Town Police Station registered for the offences punishable under Sections 364, 302, 201, 202, 212, 109, 120B R/w Section 34 of Indian Penal Code.

(2.) The case of the prosecution is that one Dayanand has filed a missing complaint before the Town Police Karwar alleging that, his son-in-law Prem Kumar Nayar was missing since 16.10.2018. The said Prem Kumar was working under Pioneer Shipping Company Karwar and prior to that, he was working under accused No.1 in Karwar Shipping Company and due to some issue differences arose between the accused No.1 and deceased and for this reason, the deceased left the job, which trigger the enmity between the deceased and the accused No.1. The complaint came to be registered for the offences punishable under Section 365 R/w Section 34 of IPC. The accused No.1 was arrested and interrogated, during the interrogation it is brought out that, at his instance the accused Nos.2 and 3 brought the deceased to Cow Cave of Ulavi Forest where they have committed his murder and disposed his body in the forest. The dead body was recovered at the instances of accused Nos.2 and 3 and the accused Nos.2 and 3 confessed the criminal conspiracy hatched by the accused No.1 along with other accused and vehicle No. MH 04/BK 0726 was used for the commission of offence. It is alleged that at the instance of accused No.1 the accused Nos.2 and 3 have destroyed the evidence, the accused No.1 escaped to Goa with the help of the accused Nos.4 and 5. The police have filed the charge-sheet for the offence punishable under Sections 364 , 302 , 201 , 202 , 212 , 109 , 120B , R/w Section 34 of Indian Penal code. The petitioner/accused No.2 arrested on 23.10.2018. The bail application filed before Prl. District and Sessions Judge, Karwar by the petitioner- accused No.2 came to be rejected. Therefore, the petitioner-accused No.2 is before this court for seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.2 and learned HCGP for respondent-State.