BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.2 to 4 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.119/2020 of Malmaruti Police Station, registered for the offences punishable under Sections 302, 307, 326, 324, 120(B) of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) It is the case of the prosecution that one Sri. Sherkhand Sayyed Habib Pathan is the father of deceased Shaibaz Sherkhan Pathan, has filed the complaint dated 26.10.2020 stating that deceased Shaibaz Sayyed Pathan had told him that he was going to Master Chef Hotel, near Ramdev Hotel, to attend the birthday party of his relative Iliyas Nayeem Mulla and had left home at about 9.00 p.m. on 25.10.2020. It is further stated that at around 11.30 p.m., the wife of the complainant came crying saying that they have beaten their son Shaibaz and that he has taken to civil hospital. Immediately, he left for civil hospital, but before he could reach the hospital, his son had died. He saw the body of his deceased son and there were injuries on his back part of head, left elbow, right palm was entirely severed. It is further stated in the complaint that the complainant's relatives namely Iliyas, Shahid, Mujaid and Arafat etc., were present at the civil hospital and on enquiry about the incident, Arafat (CW.11) has narrated the incident as under;

(3.) It is further alleged in the complaint that there was a quarrel between the deceased and one Laxman Daddi, about 4-5 years ago, which was registered at Kakti police station and accused have killed the victim in vengeance of that quarrel. The petitioners- accused Nos.2 and 3 were arrested on 26.10.2020 and accused No.4 was arrested on 29.10.2020 and they remanded to judicial custody. The petitioners filed Crl.Misc.No.311/2021, seeking bail and the same came to be rejected by XI Addl. Sessions Judge, Belagavi, by order dated 24.03.2021. Therefore, the petitioners are before this Court seeking bail.