SYED MOHAMMED Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader.

(2.) THE petitioner is arraigned as accused No. 6 in Crime No. 18/2011, the facts of which are as follows: According to the complainant, on 1.2.2011, his nephew one Pankaj Jain, while moving on his two wheeler, was accosted by unknown persons in an Indica Car, which was brought by accused No. 3 Sadruddin, (who has been identified in retrospect). The accused had tied him up and sealed his mouth with tape and using his mobile phone, had called his family and demanded a ransom of Rs. 8,20,000/ - to release him. Thereafter, on 2.2.2011, at about 8.30p.m., the accused is said to have received a sum of Rs. 7,00,000/ - from the complainant, but they failed to release the victim and in order to cover -up all evidence, the victim was put to death by drowning in a canal and the gold jewellery on his body was taken by the accused. It is on the basis of that complaint, on investigation, accused Nos. 6 and 7 were apprehended and on their statements, the other accused were arrested and the investigating officer, after completing the investigation, had filed a charge -sheet for offences under the various Sections of the Indian Penal Code and the matter has been committed to the Sessions Court in a case in S.C. 127/2011. The petitioner having approached the Court below for bail, the same has been rejected.

(3.) THE learned counsel for the petitioner would submit that his voice, in fact, has not been recorded and, therefore, the question of submitting the same to the Forensic Science Laboratory for a report does not arise and rejection of bail on that ground, therefore, results in grave injustice to the petitioner, as he is in no way involved in the incident and the implication of the petitioner is merely on the say of others.