YUSUF BACHAKHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by accused Nos.6 and 14 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.90/2020 of Old Hubli Police Station for the offence punishable under Sections 143, 147, 148, 120(B), 302, 303, 201, 387, 506 read with Section 149 of Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 25 of Arms Act 1959.

(2.) It is the case of the prosecution that, accused No.6 is a convict prisoner presently lodged in Mysore Central prison. When he was lodged in Dharwad prison he came into contact with the deceased Irfan @ Fruit Irfan. At that time accused No.5 was introduced by another prisoner named Swami. When accused No.6 came to Court, accused No.5 introduced accused No.1-Aftab Bepari to accused No.6. There was a dispute regarding Survey No.394 for 6 acres 30 guntas of land belonging to CW- 160/Mujeeb Ur Rahman and the case is pending before this Court in respect of the said land. In the meantime, accused No.5 introduced CW- 160 to accused No.6 to solve the dispute that the deceased has illegally acquired the disputed land. Accused No.6 gave assurance to CW-160 that deceased is known to him he will solve the issue. At the same time accused No.1 and accused No.5 informed accused No.6 that deceased Irfan is collecting roll call/Hafta in the name of accused No.6. Believing the said version of accused Nos.1, 5 and accused No.6 called deceased over phone and demanded him to give Rs.25,00,000/- but the same was denied by deceased and he gave reply that you are in jail and you become old and you cannot do anything and abused him in filthy language. Therefore, accused No.6 became angry against the deceased Irfan and decided to kill him and hatched conspiracy with other accused. In furtherance of the said conspiracy accused No.12 and 13 purchased sim cards in the name of charge sheet witnesses and instigated accused Nos.1 to 5 to kill the deceased on the instructions of accused No.6, all the accused involved in conspiracy. At the instance of accused No.6, accused No.14 hired accused Nos7 to 10-sharp shooters and paid money to them which is collected by other accused. That on 06.08.2020 there was a marriage reception of one Harbaz near Gadihal cross, Karwar road, nearby Altaj Hotel. After completion of reception ceremony complainant, Irfan Syed (deceased) Akhil Raichur/CW-55, Shabbir Gudamala/CW-57, Ahammed Saleem Shek/CW-58 and others were standing in front of Altaj Hotel and at that time it was 5.30 p.m. At that time three persons came in Bullet motorcycle and other three persons on another motorcycle to that spot. One person sitting on Bullet motorcycle got down and shot at deceased Irfan Syed with pistol. Another person came from their behind and shot the deceased Irfan Syed on his head portion and all of them fled away on their motorcycles. It is the case of the prosecution that the petitioners/accused Nos.1 to 5 and 12 have assisted and provided weapon to accused Nos.7 to 10 sharp shooters at the instance of accused No.6. It is further case of the prosecution that accused Nos. 1 and 2 were at the spot on motorcycle and after the fire shot by accused Nos.7 to 10, they took them on their motorcycle from the spot and went away. Based on the complaint of Usman Sheak, FIR was lodged in Crime No.90/2020 for the offences under Sections 143, 147, 148, 307 of IPC and Section 25 of Arms Act. After investigation, charge sheet has been filed for the offences punishable under Sections 143, 147, 148, 120(B), 302, 201, 387, 506 read with Section 149 of IPC and Section 25 of Arms Act against the accused persons. The petitioner No.1/accused No.6 has filed Criminal Miscellaneous No.502/2021 and the petitioner No.2/accused No.14 has filed Criminal Miscellaneous No.5017/2021 seeking bail and both the petitions came to be rejected by common order dated 07.07.2021 by the learned V Addl. District and Sessions Judge, Dharwad sitting at Hubballi. Therefore, the petitioners/accused Nos.6 and 14 are before this Court seeking bail.

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