(1.) The petitioner-accused No.13 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.90/2020 of Old Hubli Police Station, registered for the offence punishable under Section 143, 147, 148, 307 r/w 149 of IPC and under Section 25 of the Arms Act, 1959.
(2.) Brief facts of the case are that, the informant Usman Sheak filed first information against six unknown persons stating that on 6/8/2020, 5 to 6 unknown persons forming themselves into unlawful assembly with the common object of causing the death of one Irfan came in a motorcycle, armed with pistol/revolver and shot him and flee away from the scene of occurrence. Subsequently, the injured Irfan had succumbed to the injuries. On the basis of the first information, criminal case was registered against unknown persons and the Investigating Officer during investigation, apprehended accused Nos.1 to 6 and 8 to 14 and seized several incriminating materials and filed the charge sheet on 9/11/2020 against accused Nos.1 to 15 for the offences punishable under Sections 143, 147, 148, 120B, 302, 303, 201, 387, 506 r/w 149 of IPC and under Section 25 of the Arms Act, 1959.
(3.) Heard Sri.Sirayuddin Ahmed, learned Counsel for the petitioner and Smt. Seema Shivanaik learned HCGP for respondent-State.