AMITH S/O. GOVINDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.3 to 7 under Sec. 439 of the Code of Criminal Procedure, 1973, for granting regular bail in S.C. No.66 of 2021 (Crime No.26 of 2021) pending on the file of the II Additional District and Sessions Judge, Chintamani, for the offences punishable under Ss. 302 and 120B read with Sec. 34 of the Indian Penal Code, 1860.

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

(3.) The case of the prosecution is that, on 20/03/2021, Sri Vajid Nawaz filed a complaint alleging that his brother-Amjed Nawaz (hereinafter referred to as 'the deceased') and Nawaz Pasha were proceeding in a scooter near Sidlaghatta Railway bridge, at that time, the accused persons came in a Maruthi omni van and dashed against the scooter. When the deceased fell down, the accused persons committed the murder of the deceased with deadly weapons. He has further alleged that there was enmity between accused No.1 and the deceased and on that background, the accused persons might have committed the murder of the deceased. After registering the case and during investigation, the Police arrested the accused persons. After investigation, the Police have filed charge-sheet against nine accused persons by deleting the name of accused Nos.4 to 6, whose names were mentioned in the F.I.R and added accused Nos.5 to 9 in the charge- sheet. The petitioners approached the Sessions Court for granting bail, which came to be rejected. Hence, this petition.