HABBU @ HABBU SHAIKH @ AMEER AHEMAD Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 of the Code of Criminal Procedure seeking his enlargement on bail in Crime No.72/2019 of respondent - Roza Police Station, Kalaburagi District, for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (hereinafter for brevity referred to as 'IPC').

(2.) The summary of the case of the prosecution is that one Saddam, who is said to be the elder brother of deceased Sharukh has lodged a complaint with the respondent - Police on 07.07.2019 at about 6.30 p.m. alleging that the deceased, who was his younger brother had no job or occupation, was passing time by residing with his elder sister Parveen Begum. He had a gang of friends including the present petitioner. The deceased had some monitory transactions with the present petitioner, in which connection there was some rivalry between them. The deceased was warned by the complainant on several times to discontinue his friendship with the present petitioner and his friends. That being so, on 07.07.2019, in the afternoon at about 4.00 p.m., the accused No.1/petitioner joined by his two friends came to the house of the complainant and took the deceased with them. Though the complainant questioned that the deceased could not go with them, but, the deceased stating that he had some talk to be made with them left the house on the said night and he did not return and also next day. Therefore, said Parveen also stated that the deceased had not gone to her house. On 07.07.2019, the complainant received a telephone call by his cousin brother Bade Shamshuddin, who informed him that Sharukh was found murdered near Paeen road, behind Beg Dargah. Rushing to the spot, the complainant noticed that his brother Sharukh was murdered and he suspecting the hands of the present petitioner and other two accused in the alleged commission of crime, the said crime was registered in Crime No.72/2019 for the offences punishable under Section 302 read with Section 34 of IPC. After completing the investigation, the police have filed the charge sheet for the same offence against all three accused.

(3.) The learned counsel for the petitioner in his argument submitted that the entire case of the prosecution is based on the alleged last seen theory. Except stating that recovery of knives said to have been made at the instance of the accused No.1/petitioner, the prosecution has not collected any material evidence to prove the alleged guilt of the petitioner. Even the alleged recovery is also full of doubts.