RIZWAN PASHA @ KULLA RIZWAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is by accused No.14 against whom charge sheet is laid alleging offences punishable under Sections 143, 144, 147, 148, 120B, 109, 201, 304, 302, 35 r/w 149 of IPC and Sections 25(1b)(b) and 27 of the Arms Act, 1959.

(2.) Heard learned counsel for petitioner and learned HCGP. Learned HCGP has not filed any statement of objections but has orally opposed the petition.

(3.) The case of the prosecution is that in furtherance of criminal conspiracy hatched by accused Nos.1 to 13 and at the instigation of accused Nos.14, 15, 16 and 17, two deceased persons were assaulted with deadly weapons. The only allegation against the present petitioner is that, he conspired with other co-accused through phone from the prison. There are no allegations of participation and presence of the petitioner either during occurrence or in the commission of the alleged offence.