LAWS(KAR)-2022-7-296

ABDUL MAJEED Vs. STATE OF KARNATAKA

Decided On July 01, 2022
ABDUL MAJEED Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C., seeking regular bail of the petitioner/accused No.5 in Crime No.178/2021 of Udayagiri Police Station, Mysuru City, for the offences punishable under Ss. 143, 144, 147, 148, 341, 342, 323 , 324, 364, 307, 302, 506 read with Sec. 149 of IPC.

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

(3.) The factual matrix of the case of the prosecution is that the marriage of the victim was solemnized with accused No.4 on 11/3/2021 and there were minor differences frequently between them. The panchayath was held and advised and also told them to join any job. Accordingly, the deceased and accused No.4 both of them have joined for employment and also they took the rented premises. That on 13/8/2021, came to Mysuru in order to purchase the essentials to the house. On 14/8/2021, the 4th accused refused to go and join the deceased. Hence, a quarrel was taken place between them. The said fact was informed to accused No.2. Accused No.2 came and enquired with accused No.4 by taking to his house and accused No.4 told that he insisting her to get an amount of Rs.5.00 Lakhs and she fails to get the amount. He told accused No.4 to adjust with his Real Estate Company Manager and also the victim told that he would marry some other girl. Hence, accused Nos.1, 3, 5 and 6 being enraged with the said fact called accused Nos.7 and 8 and that on 15/8/2021 at 8:15 a.m, all of them went in OMNI Car. When the family members of the victim were telling that they can sit and discussed. Accused No.2 called accused No.3 and enquired about the same and accused No.3 told that the victim maternal uncles are coming. Hence, they were waiting. Accused No.2 told that what is there to talk with them and bring him. Hence, accused Nos.1, 3, 5 and 6 entered the room in which the victim was staying and when they tried to break open the door, accused Nos.7 and 8 went inside the house and joined along with other accused persons with an intention to take away his like, kidnapped him and when C.W.19 came to rescue him and he was also taken in the very same Car. Accused Nos.1 and 3 threatened the victim and also C.W.2 and thereafter accused Nos.1, 3, 5, 6, 7 and 8 took the victim as well as C.W.19 to the house bearing No.287/1. Accused Nos.7 and 8 with an intention to commit the murder, they participated in the kidnap and accused No.2 was waiting for the arrival of the victim and all of them joined together and kept him in an old house and all of them joined accused No.2, inflicted injury with wooden stick all over the body and accused No.1 also inflicted injury with the wooden stick. Accused No.5 viz., this petitioner also assaulted with wooden stick on his right leg. Accused No.6 inflicted injury with plastic pipe. When C.W.19 tried to rescue him, accused Nos.1 and 3 assaulted with their hands and accused No.6 assaulted with pipe on C.W.19. Accused No.2 told that if he assaults like this nothing will happen and to teach him a lesson, immediately took out the chopper and said that if he committed the murder once, he will not realize he should die with all pain, and at that time, accused Nos.5 and 6 held his right hand and accused No.3 held his legs and accused No.2 with the chopper assaulted on his right hand and accused No.1 with the very same chopper repeatedly inflicted injury on his right hand and cut his right hand and accused No.3 snatched the chopper from accused No.1 and he also inflicted injury and accused No.5 again snatched the chopper from accused No.3 and inflicted injury on his right leg. Accused No.5 also inflicted injury 3 to 4 times on his right leg. All of them have committed the murder.