MOHAMMAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.111/2022 of Gokak Town Police Station registered for the offence punishable under Sec. 306 read with Sec. 34 of Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Smt. Afsana W/o. Tajuddin Sanadi has filed the complaint stating that her husband Tajuddin (deceased) was doing centering work under this petitioner/accused No.1 Saddam Khazi. It is further alleged that this petitioner/accused No.1 has availed the loan of Rs.5,00,000.00 in the name of deceased and only given Rs.1,40,000.00 to the deceased. When the deceased asked him to pay remaining loan amount, he told to work under him or otherwise he will not give amount to him. It is further stated that the petitioner/accused No.1 used to repeatedly call over phone and used to harassing him demanding the B.C. loan amount. That on 2/9/2022 at about 12.30 p.m., this petitioner/accused No.1 secured the deceased to his office through mobile phone and accused Nos.1 to 4 demanded the repayment of amount, scolded him and manhandled him. Thereafter they also make phone call to the deceased and gave threat. On 4/9/2022 accused No.3 came to the house of the complainant and gave life threat asking the deceased to repay loan amount and also loan amount wherein he stood as a guarantor. It is further stated that due to the harassment given by the petitioner/accused No.1 and other accused, the deceased committed suicide in his house by hanging. The said complaint came to be registered in Crime No.111/2022 of Gokak Town Police Station for the offence punishable under Sec. 306 read with Sec. 34 of IPC. The petitioner came to be arrested on 12/9/2022 and he is in judicial custody. The petitioner has filed Criminal Miscellaneous No.8175/2022 seeking bail and the same came to be rejected by XII Additional District and Sessions Judge, Belagavi sitting at Gokak by order dtd. 21/10/2022. Therefore, the petitioner is before this Court seeking bail.

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