KHAJABANDENAVAJ BABUSAB NADAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.9 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.198/2022 of Yamakanmaradi Police Station registered for the offences punishable under Ss. 143 , 147 , 120B , 307 and 302 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Smt. Rajiya Rasul Mulla has filed the complaint stating that she is residing at Aralikatti of Hukkeri Taluk along with her husband-Rasul (deceased) and children. It is further stated that about 7 to 8 months back accused No.1 and four others quarreled with Nisar Usmansab Mulla and the deceased had intervened to rescue the said Nisar from the hands of accused who were assaulting him. The brother of victim has lodged the complaint at Yamakanmaradi Police Station as such accused Nos.1 to 8 have became angry on deceased-Rasul. It is further stated that on 27/7/2022 the deceased and one Iqbal Hasansab Desapayik had been to Hidkal Dam to bring cattle's and they went on motorcycle bearing registration No.KA-22/EZ-8106 and while returning at about 12.15, the accused with an intention to murder the said Rasul drove the Tipper vehicle bearing registration No.GA-08/U-0079 and dashed to the motorcycle and the Rasul (deceased) died and Iqbal sustained injuries. The said complaint came to be registered in Crime No.198/2022 of Yamakanmaradi Police Station for the aforesaid offences. The petitioner/accused No.9 came to be arrested on 2/8/2022 and he is in judicial custody. The petitioner has filed Criminal Miscellaneous No.5561/2022 seeking bail and the same came to be rejected by the VII Additional Sessions Judge, Belagavi sitting at Chikkodi by order dtd. 7/9/2022. Therefore, petitioner/accused No.9 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.