MUJAHID BASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Section 439 of the Code of Criminal Procedure, 1973, (for short, 'the Cr.P.C.') for granting regular bail in Crime No.88 of 2020 registered by Chitradurga Kote Police Station for the offences punishable under Sections 504, 323 and 324 read with Section 34 of the Indian Penal Code, 1860 (for short, 'the IPC'), and later filed charge-sheet for the offences punishable under Sections 120B, 302, 201, 323, 324 and 504 read with Section 34 of the IPC.

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the complaint filed by Sadath (hereinafter referred to as 'the deceased') himself on 5-5-2020, the Police registered a case. It is alleged by the deceased in the complaint that on 4-5-2020 at about 4:00 p.m., when the deceased was standing near Burujanahatti, Chitradurga, the petitioner came there and when he asked the petitioner to return the amount due to him, the petitioner went away threatening the deceased. Later, the petitioner called the deceased and assured of paying money and asked him to come to Thippareddy colony. Therefore, he along with his friend, Afreed, went to Thippareddy colony at 8:30 p.m., where the petitioner stabbed the deceased with axa blade and accused No.2 is said to have caught hold of him. After sustaining injuries, the deceased went to the Hospital, took treatment as out-patient and later, on 5-5-2020, he filed the complaint. Subsequently, on 8-5-2020, the deceased succumbed to the injuries in the Hospital. Hence, Section 302 of the IPC came to be added. Based on the complaint, the Police arrested the petitioner on 10-5-2020 and since then, he is in custody. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.