MR. MOHAMMED FAIZAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by petitioner/accused No.3 under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.260/2017 (S.C.No.17/2019) pending on the file of III Additional City Civil and Sessions Judge, Bengaluru for the offences punishable under Sections 143 , 147 , 341 , 363 , 364 , 302 , 201 , 212 , 468 , 120(B) , 37 read with Section 149 of IPC.

(2.) I have heard the learned counsel Sri.Lethif B., for petitioner/accused No.3 by virtual hearing and the learned HCGP Smt.Namitha Mahesh B.G., for the respondent-State.

(3.) The genesis of the case of the prosecution in brief is that petitioner/accused No.1 was involved in so many criminal cases and he used to involve in sexual acts and he used to give information to the opponents about the said facts. Under the apprehensions that his brother may be assaulted by the deceased and because of previous animosity petitioner/accused No.1 along with other persons with an intention to done away with the life of the deceased, kidnapped him by constituting an unlawful assembly on 05.10.2017 in the evening hours and when the deceased came on a motor cycle bearing Registration No.KA-19 ER-2620, accused persons who have taken the Maruthi Ertiga Car bearing Registration No.KA-20 MA-2844, accused Nos.7 and 8 followed the deceased and at about 4.45 p.m., they intercepted the said motor vehicle of the deceased and took the deceased in the Maruthi Ertiga Car and took him to Karkala Taluka to a poultry farm and there his hands and legs were tied by accused Nos.3 to 5 and it is accused Nos.1 and 2 by taking a ripper piece assaulted on the head and other parts. Accused Nos.3 to 5 have also stamped him with an intention to take away the life of the deceased and thereafter, after finishing deceased, the clothes of the deceased have been removed and the body has been taken in Maruthi Ertiga Car and the same has been thrown in Agumbe Ghat with an intention to screen the offence. On the basis of the said complaint, a case has been registered.