ARBAZ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.2 under Sec. 438 of Cr.P.C., for granting anticipatory bail in Crime No.105/2022 registered by the respondent Police Station, for the offences punishable under Ss. 506, 504, 307 and 323 read with Sec. 34 of IPC.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State and perused the records.

(3.) Brief facts of the case of the prosecution is that one Sri S. Pavan filed a complaint to the respondent - Police on 12/6/2022 alleging that he is working in Vasudevagowda's finance and used to provide loans to the public; 2 days prior to the incident accused No.1 - Azam Pasha approached him for loan of Rs.50,000.00, for that when he insisted for documents, accused No.1 threatened him that he will come and commit his murder if not provided loan within two days; On 11/6/2022 accused No.1 made a call to him insisting for loan, for which he replied that without documents he cannot give loan; for that accused No.1 intimated him that he will come near his home and on the same day at about 11.30 p.m., accused No.1 along with other accused knocked the door of the complainant's house and when his father opened the door the accused No.1 assaulted him with a knife on his face and when the complainant came for the rescue of his father, accused No.1 stabbed to the face and chest of the complainant. At that time the other accused persons abetted accused No.1 to commit the murder of complainant. Hearing the noise, when neighbours came to the spot, all the assailants left the place by riding bike. After registering the case, the Police arrested accused No.3 and he has been granted bail by the Sessions Court. The petitioner apprehending his arrest had approached the Sessions Court for granting anticipatory bail, but the same came to be rejected. Hence, he is before this Court.