SHABAJ NASIR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner-accused No.4 under Sec. 439 of Cr.P.C. for granting regular bail in Crime No.35/2020 registered by the Thalaghattapura Police Station, for the offences punishable under Sec. 302 read with Sec. 34 of IPC. Subsequently, charge sheet was filed for the offences punishable under Ss. 143, 109, 115, 118, 120(B), 201, 302 read with Sec. 149 of IPC.

(2.) The case of the prosecution is that on the complaint of one Parvathi, wife of deceased who filed the complaint before the police on 14/2/2020 alleging that her husband went out on 14/2/2020 at 9.30 a.m. as his friend Mohammad had called over phone. Subsequently at about 1.30 p.m. she came to know through the security guard that her husband has been murdered. She went and saw the incident and lodged the complaint before the police stating that there was land dispute between her husband and Harikrishna, the younger son and Shivaram, brother of the deceased. Her husband was going with other persons for settling the land dispute and they were having enemity against the husband of complainant. Accordingly, it is alleged that Accused No.1 and 2 said to have given supari to this petitioner by paying huge money for killing the deceased. The accused persons committed murder of her husband - Singanamale Madhava. After registering the case, the police arrested this petitioner on 9/6/2020 and remanded to judicial custody. The petitioner approached the Sessions Judge for bail, which came to be rejected. Hence, petitioner-accused No.4 is before this Court.

(3.) Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence. His name is not found in the FIR. He has been implicated in the case on the voluntary statement of the co-accused. The co-accused Nos.3, 5, 6, 7, 8, 9 and 11 have already granted by bail this Court. Therefore, on the ground on parity, this petitioner is also entitled for bail. This petitioner was arrested on 9/6/2020 and whereas, the statement of eye witnesses was recorded on 11/6/2020. Therefore, the same cannot be accepted. The petitioner is ready to abide by any conditions to be imposed by this Court. Hence, prayed for granting of bail.