IMRAN PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioners/accused Nos.3 and 4 in Crime No.130/2021 of Kote Police Station, Shivamogga, for the offence punishable under Sec. 120-B , 302 , 114 and 109 read with Sec. 34 of IPC.

(2.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The factual matrix of the case of the prosecution is that there was a ill-will between one Kirana and accused No.1 since Crime No.121/2021 was registered for making an attempt to commit murder and hence, accused No.1 having grudge against the said Kirana, on coming to know that the said Kirana was released from the jail, since other accused Gautham and Avinash were also released, with an intention to commit murder of said Kirana, on 14/10/2021, he went to Shivamogga from Davanagere and he contacted accused No.2 by calling to his house and also secured accused No.4. With an intention to commit murder, all of them conspired with each other. The accused Nos.1 and 2 came near the bus stand at around 8.30 p.m. and accused No.1 contacted accused No.4 through conference phone call and also contacted accused Nos.3 and 4 and giving vehicle to accused No.3, accused Nos.1 and 2 instigated to commit murder of the victim along with them. The accused Nos.1 and 2 along with accused No.3 started from bus stand with an intention to take away the life of the victim in the auto rickshaw belonging to accused No.4 and a person was proceeding in the black colour Avenger bike and accused No.1 suspected that the said person is Kirana and he had shown the accused No.3 saying that he is Kirana and accused Nos.1, 2 and 3 went in auto rickshaw and having found the said person, who proceeded in the black colour Avenger bike, thinking that he is said Kirana, parked the auto rickshaw near motorcycle and immediately, accused No.1 came out from the auto rickshaw and inflicted injury with machete on the said person thinking that he is Kirana but, the said victim is one Santhosh. Hence, case has been registered against the petitioners and also against accused Nos.1 and 2.