MALIK PARVEEZ Vs. STATE

JUDGEMENT

(1.) These petitions are filed by the petitioners (accused No.3 in Criminal Petition No.2462 of 2020 and accused No.2 in Criminal Petition No.2999 of 2020) in Crime No.19/2020 of Udayagiri Police Station, Mysuru, for the offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code (for short, 'the IPC ').

(2.) Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader.

(3.) The case of the prosecution is that, on the complaint of one Huseen Khan, the respondent-Police registered a case against the petitioners-accused Nos.2 and 3 on 26-1-2020 for the offences punishable under Section 307 read with Section 34 of the IPC and subsequently, the respondent-Police filed charge-sheet for the offences punishable under Sections 302 and 307 read with Section 34 of the IPC. It is alleged by the complainant that on 25-1-2020 at 10:00 p.m., when himself along with his friend, Shumal and Salman Khan (hereinafter referred to as 'the deceased') while proceeding through 14th Cross, at that time, accused No.1-Thabasheer Patan and his brothers, namely Tabrez Pathan (accused No.2 in Criminal Petition No.2999 of 2020) and Parveez Pathan (accused No.3 in Criminal Petition No.2462 of 2020) stopped the bike ridden by the deceased Salman Khan and assaulted him with karate chain, steel pipe, bricks and stones. They also assaulted the complainant Huseen Khan and Shumal-C.W.2. The accused persons ran away after seeing the arrival of the public and later, the deceased and his friends were shifted to the Hospital and during the treatment, the said Salman Khan died on 4-2-2020. During investigation, the Police have arrested accused Nos.1 to 3 and they were remanded to judicial custody and moved the bail petitions before the II Additional District and Sessions Judge, Mysuru, in Crl.Mis. No.464 of 2020 which came to be dismissed. Hence, accused Nos.2 and 3 are before this Court.