ALMAS PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking his enlargement on bail in respect of Crime No.178/2021, registered for the offences punishable under Ss. 143, 144, 147, 148, 341, 342, 323, 324 , 364, 307, 302, 506 and 149 of the IPC, it having been turned down by the learned Sessions Judge in Crl.Misc.279/2022, by his order dtd. 11/3/2022.

(2.) Brief facts of the case leading to the filing of the present petition as borne out from the pleadings are as follows: On 11/3/2021, the deceased Mohammed Sarhan Sunain and one Rubina, a married couple were living together in the house of the complainant. Rubina was having some contacts with her old friends and was always being in conversation with them over phone. Disputes arose between Rubina and brother of the complainant. When the brother of the complainant was working in Bengaluru at private company, Rubina joins her husband. On 13/8/2021, the brother of the complainant and his wife - Rubina came back to Mysuru and again indulged in squabble. On 15/8/2021 at about 9.00 a.m., the brother of Rubina by name Khadir Pasha, her father Almas Pasha, one Ajmal Pasha and others came in a Maruthi Omni Van and abused the brother of the complainant and took him in their Maruthi Van. Later, it comes to light that the petitioner along with others have assaulted the brother of the complainant with a chopper and the right hand was chopped and the same was cut into two pieces. After the assault, the brother of the complainant was taken to the hospital, where he succumbed to the injuries sustained in the incident. On the said incident, the petitioner and others were arrayed as accused Nos.1 to 4 for the afore-quoted offences. After registration of the crime, the petitioner was taken into custody and arrayed as accused No.2.

(3.) The petitioner by filing a petition before the Sessions Court under Sec. 439 of the Cr.P.C. seeks enlargement on bail. This is turned down by the order dtd. 11/3/2022 and the petitioner who had earlier approached this Court seeking enlargement on bail in Crl.P.No.134/202, was withdrawn. Therefore, the petitioner has filed the subject petition seeking his enlargement on bail.