WASIM BANKAPUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.3 has filed this petition under Section 439 of Cr.P.C., for enlarging him on regular bail in Hubballi Town Police Station Crime No.65/2020 (C.C.No.189/2020) registered for the offences punishable under Sections 302, 506, 120B read with Section 34 of IPC.

(2.) The factual matrix leading to the case is that a complaint was lodged by one Ganapathi on 25.11.2020 around 3.30 pm. It is alleged that he has got a sister by name Shobha, who was given in marriage to deceasedRamesh, who was doing agriculture. The deceased had litigation against number of persons, who are alleged to have encroached his property and constructed houses and factories in his land bearing CTS No.112/1 of Gabbur village, Hubballi. It is further alleged that he had moved application before HESCOM and got disconnected the electricity supply given to the houses and factories erected in his disputed property and as such, the said persons were developed animosity against him. It is also alleged that there was an attempt to pay Rs.25,00,000/- to him to settle the dispute and number of negotiations were held but he did not accept the same and as such, it is alleged that accused No.4 has conspired with accused No.1 and others to pay amount of Rs.25,00,000/- as Supari as a support to eliminate the deceased. In this context, it is alleged that on 25.11.2020 at 12.00 in the noon, when deceased-Ramesh was standing near Pakshal shop at Babasan street of Hubballi and the complainant was returning there, accused No.1 came there and caught hold of deceased-Ramesh and assaulted him by knife and at that time, one Nagaraj Miskin intervened but the accused No.1 also threatened him. It is also alleged that at that time accused No.3 along with accused No.5 was standing and watching the proceedings and immediately the injured was shifted to hospital wherein he was declared brought dead . A complaint came to be registered in Crime No.65/2020 against unknown persons and during the course of investigation, accused were arrested. The present petitioner is arrayed as accused No.3 and he was arrested on 08.12.2020 and was produced before the Magistrate and then he was remanded to judicial custody. The petitioner has filed bail petition before the V-Additional District and Sessions Judge seeking regular bail and his bail petition came to be rejected. Hence, he has approached this Court seeking regular bail.

(3.) Heard the arguments advanced by the learned counsel for petitioner and the learned HCGP. Perused the records.