MOHAMMED ZAKHRIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioners/accused Nos. 3 to 5 under Section 439 of Cr.P.C., for granting them bail in Crime No. 235/2020 registered by Honnali police for the offences punishable under Sections 302, 201 and 34 of IPC.

(2.) The case of the prosecution is that on the complaint of the brother of the deceased namely Mohammed Zakriya filed before the police on 20.12.2020 alleging that his elder brother namely Nazeer Ahamed has been murdered by some unknown persons when he was sleeping in the Madarasa School between 11.00 p.m. on 19.12.2020 and morning of 20.12.2020. The case was registered against unknown persons. During the course of investigation, the police said to have arrested accused Nos. 1 and 2 and also these petitioners on 23.12.2020 and they have been remanded to judicial custody. It is alleged that accused Nos. 1 and 2 with an intention to rob the cash kept by the deceased in his pocket while sleeping on newly construction of Katta of Madarasa School in the night hours. Accused Nos. 1 and 2 have committed murder with knife. During the course of assaulting the deceased, accused No. 2 has sustained injury. When accused No. 2 went to the house, accused Nos. 3 to 5 who are the father and the brothers of accused No. 2, found the injury and blood stains on the shirt of the accused No. 2 and he has informed about the commission of murder to them. Thereafter, these petitioners said to have destroyed the evidence by burning the blood stained shirt of accused No. 2 and also helped accused No. 2 by hiding himself by sending him in a motor cycle and also helped accused No. 1 to escape from the area and also thrown the blood stained shirt in a water channel. Therefore, it is alleged that these petitioners destroyed the evidence of commission of murder, which attracts the provisions of Section 201 read with Section 34 of IPC. The police after investigation, filed the charge sheet. These petitioners have approached the Sessions Court for grant of bail, which came to be rejected. Hence, they are before this Court.

(3.) Learned counsel for the petitioners contended that these petitioners are innocent of the alleged offence and they have been falsely implicated in the case. Even otherwise, provisions of Section 201 of IPC would attract against these petitioners. These petitioners are not involved in the commission of murder of the deceased. The investigation is already completed and the charge sheet has been filed. Hence, prayed for allowing the bail petition.