SAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This second successive petition is filed by accused No.4 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for short) seeking bail in Crime No.119/2020 of Malmaruti Police Station registered for the offence punishable under Ss. 302 , 307 , 326 , 324 and 120-B read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ', for short).

(2.) It is the case of the prosecution that one Sri. Sherkhand Sayyed Habib Pathan is the father of deceased Shaibaz Sherkhan Pathan, has filed the complaint dtd. 26/10/2020 stating that deceased Shaibaz Sayyed Pathan had told him that he was going to Master Chef Hotel, near Ramdev Hotel, to attend the birthday party of his relative Iliyas Nayeem Mulla and had left home at about 9.00 p.m. on 25/10/2020. It is further stated that at around 11.30 p.m., the wife of the complainant came crying saying that they have beaten their son Shaibaz and that he has taken to civil hospital. Immediately, he left for civil hospital, but before he could reach the hospital, his son had died. He saw the body of his deceased son and there were injuries on his back part of head, left elbow, right palm was entirely severed. It is further stated in the complaint that the complainant's relatives namely Iliyas, Shahid, Mujaid and Arafat etc., were present at the civil hospital and on enquiry about the incident, Arafat (CW.11) has narrated the incident as under;

(3.) It is further alleged in the complaint that there was a quarrel between the deceased and one Laxman Daddi, about 4-5 years ago, which was registered at Kakti police station and accused have killed the victim in vengeance of that quarrel. The petitioner/accused No.4 was arrested on 29/10/2020. The petitioner earlier had approached this Court in Criminal Petition No.101008/2021 along with accused Nos.2 and 3 seeking bail and the same came to be rejected by order dtd. 24/6/2021. Thereafter, the petitioner filed Criminal Miscellaneous No.862/2021 and the same came to be rejected by the learned XI Additional Sessions Judge, Belagavi, by order dtd. 17/8/2021. Thereafter, the petitioner filed Criminal Miscellaneous No.1026/2021 seeking bail and the same came to be rejected by the learned XI Additional Sessions Judge, Belagavi, by order dtd. 8/8/2022. Therefore, the petitioner is before this Court seeking bail.