SHADAB MALIK, S/O ABDUL SALEEM SHAIK, AGE: 27 YEARS, OCC: BUSINESS, R/O S.B.H. COLONY, NEHARU GUNJ, GULBARGA AND NAYEEM KHAN, S/O ALAMKHAN, AGE: 38 YEARS, R/O JALAL WADI, GULBARGA Vs. THE STATE OF KARNATAKA, THROUGH GRAMEEN PS., (GULBARGA RURAL

JUDGEMENT

(1.) THE petitioners have approached this Court for regular bail having been arrested and chargesheeted for the offences punishable under Sections 143, 147, 148, 504, 114, 324, 326, 341, 307, 302, 109 R/w 149 of IPC. The brief facts for the purpose of these petitions are as under;

(2.) ON the date of the incident a negotiation was to take place between the parties in the office of Mr. Aatik situated at Hagarga road and the party -men of the complainant were waiting for the arrival of the accused for negotiations in the night at about 8.45 p.m. at that time accused Nos. 1, 5, 6 and one Zahir khan and others came to the office armed with deadly weapons like iron rod, jambia, knives, etc., and stating that they are not permitted to occupy the land though they purchased the property, asked to finish the complainant and others and in an attempt. Zahir khan is said to have caused assault on Irfan on abdomen and other parts of the body and the other accused caused injuries to four others. CW. 1 Imran khan, CW. 2 Mohd. Haroon, CW. 3 Irfan, CW. 4 Anwar and CW. 5 Yusuf khan sustained injuries in the hands of the accused. In this context CW. 1 submitted a complaint to the police against the accused later CW. 2 Mohd Haroon succumbed to the injuries sustained. Therefore section 302 of IPC was also inserted. During the course of the investigation the petitioners were arrested and they are in judicial custody.

(3.) THE learned Addl. SPP has opposed the bail applications and claims that in the incident in question one person CW. 2 Mohd. Haroon died due to the severe injuries sustained and four others have sustained grievous injuries. She claims that in case if the petitioners are released they would cause threat or influence to the witnesses and as the investigation is still incomplete and many more accused are absconding, she submits that the petitioners are not entitled to the bail sought for.