AYAZKHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.3 and 4 under Section 439 of Cr.P.C. seeking bail in Crime No.80/2019 of Dharwad Town Police Station registered for the offence punishable under Sections 302 , 201 , 120(B) , 109 of IPC R/W Section 149 of IPC on the file of IV Addl. District and Sessions Judge, Dharwad.

(2.) The case of the prosecution is that the complainant by name Ruksanna had filed a complaint on 29.09.2019 alleging that one Mohammadyusuf Kusugal came to her house and her son Juber went with him and came back at 7.00 p.m. He again told her that he would be going out with Mohammadyusuf Kusugal for dinner and left the house at 8.30. p.m. Thereafter, the complainant along with her other family members attended a religious function and returned home at about 10.30 p.m. by which time Juber had not yet returned. At around 12.30. a.m. the complainant heard some noise in front of her house and hence she came out of her house and saw that her son Juber was fallen there covered with blood. At that time, Mohammadyusuf Kusugal and Mohammadshafi Attar took her son on a two wheeler to District Hospital Dharwad, where he was pronounced dead. Hence, a complaint came to be filed on 30.09.2019 against unknown persons.

(3.) Accused Nos.1 and 2 being juvenile and children in conflict were arrested on 01.10.2019 and on the basis of the statement made by them accused No.2 was arrested and on the basis of his statement accused Nos.4 and 5 were arrested on 19.10.2019. Since then accused Nos.3 and 4 were in judicial custody.