NAVANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This successive petition is filed by accused No.1 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in Crime No.90/2022 of Old Hubballi Police Station registered for an offence punishable under Ss. 143 , 147 , 148 , 120B , 302 , 303 , 201 , 387 , 506 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and Sec. 25 of the Arms Act, 1959.

(2.) It is the case of the prosecution that accused No.6 is a convict prisoner presently lodged in Mysore Central prison. When he was lodged in Dharwad prison he came into contact with the deceased Irfan @ Fruit Irfan. At that time accused No.5 was introduced by another prisoner named Swami. When accused No.6 came to Court, accused No.5 introduced accused No.1-Aftab Bepari to accused No.6. There was a dispute regarding Survey No.394 for 6 acres 30 guntas of land belonging to CW- 160/Mujeeb Ur Rahman and the case is pending before this Court in respect of the said land. In the meantime, accused No.5 introduced CW- 160 to accused No.6 to solve the dispute that the deceased has illegally acquired the disputed land. Accused No.6 gave assurance to CW-160 that deceased is known to him he will solve the issue. At the same time accused No.1 and accused No.5 informed accused No.6 that deceased Irfan is collecting roll call/Hafta in the name of accused No.6. Believing the said version of accused Nos.1, 5 and accused No.6 called deceased over phone and demanded him to give Rs.25,00,000.00 but the same was denied by deceased and he gave reply that you are in jail and you become old and you cannot do anything and abused him in filthy language. Therefore, accused No.6 became angry against the deceased Irfan and decided to kill him and hatched conspiracy with other accused. In furtherance of the said conspiracy accused Nos.12 and 13 purchased sim cards in the name of charge sheet witnesses and instigated accused Nos.1 to 5 to kill the deceased on the instructions of accused No.6, all the accused involved in conspiracy. That on 6/8/2020 there was a marriage reception of one Harbaz near Gadihal cross, Karwar road, nearby Altaj Hotel. After completion of reception ceremony complainant, Irfan Syed (deceased) Akhil Raichur/CW-55, Shabbir Gudamala/CW-57, Ahammed Saleem Shek/CW-58 and others were standing in front of Altaj Hotel and at that time it was 5.30 p.m. At that time three persons came in Bullet motorcycle and other three persons on another motorcycle to that spot. One person sitting on Bullet motorcycle got down and shot at deceased Irfan Syed with pistol. Another person came from their behind and shot the deceased Irfan Syed on his head portion and all of them fled away on their motorcycles. It is the case of the prosecution that accused Nos.1 to 5 and 12 have assisted and provided weapon to accused Nos.7 to 10 sharp shooters at the instance of accused No.6. It is further case of the prosecution that accused Nos. 1 and 2 were at the spot on motorcycle and after the fire shot by accused Nos.7 to 10, they took them on their motorcycle from the spot and went away. Based on the complaint of Usman Sheak, FIR was lodged in Crime No.90/2020 for the offences under Ss. 143 , 147 , 148 , 307 of IPC and Sec. 25 of Arms Act. After investigation, charge sheet has been filed for the offences punishable under Ss. 143 , 147 , 148 , 120(B) , 302 , 201 , 387 , 506 r/w Sec. 149 of IPC and Sec. 25 of Arms Act against the accused persons. The petitioner accused No.10, who is arrested on 26/8/2020 has filed Crl.Misc.No.311/2021 seeking bail and the same came to be rejected by the V Addl. District and Sessions Judge, Dharwad sitting at Hubballi, by order dtd. 17/6/2021. Earlier this petitioner-accused No.10 had approached this Court in Criminal Petition No.101668/2021 seeking bail and the same came to be rejected by this Court vide order dtd. 11/11/2021. Thereafter, the petitioner-accused No.10 has filed Criminal Miscellaneous No.5179/2022 seeking bail and the same came to be rejected by the learned V Addl. District and Sessions Judge, Dharwad sitting at Hubballi by order dtd. 18/4/2022. Therefore, the petitioner- accused No.10 is before this Court seeking bail.

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