MOHAMMED SHAREEF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. to enlarge him on bail in Crime No.9/2020 of Hiriadka Police Station, Udupi (C.C.No.7/2020, pending on the file of the Additional Civil Judge (Sr. Dn) and ACJM Court, Udupi) for the offence punishable under Sections 120B , 302 , 201 and 204 of IPC.

(2.) I have heard Sri. Balakrishna M.R, learned counsel for petitioner-accused No.5 and Sri. M.Divakar Maddur, learned HCGP for respondent-State.

(3.) The gist of the complaint is that one Sudhir Hegde was running Maya Ladies Bar in Belapur, Mumbai. Due to his ill health, he had transferred that business to Vasista Satyanarayan on a contract. In turn he had transferred the said business to accused Nos.1 and 6 on a contract. Accused No.2-Sumith Mishra was steward in the said Bar. Vasista Yadav started interfering with the said business of accused Nos.1 and 6 and was harassing accused No.2. Therefore, accused Nos.1, 2 and 6 developed ill-will against Vasista Yadav and decided to eliminate him. The other accused were the employees under accused No.1. The accused conspired to commit murder of Vasista Yadav, secured him from Mumbai to Udupi. In execution of such conspiracy, accused Nos.2 to 5 took him in a car near Pellampalli Village Bridge and accused No.2 strangulated him with a cable wire in the car. Accused Nos.3 to 5 assaulted him and facilitated accused No.2 to strangulate him. After committing murder, to screen the evidence of the offence, accused Nos.2 to 5 dropped the dead body in the road side bushes.