ABDUL SALEEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Honnavar Police Station Crime No.136/2021 registered for the offences punishable under Ss. 354A, 354D, 302, 509, 504, 506 and 201 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Smt.Jabeena, wife of Abutalib Shaikh has filed complaint stating that the petitioner/accused was misbehaving with the ladies in the area and he was removing his dress and was using indecent words to the womenfolk and he was advised by the people in the area and even her husband had advised not to behave like that. It is further stated that the accused misbehaved with a lady by name Heena Kauser by removing his lungi and acted indecently. It is further stated that, on 3/5/2021 at about 11:00am, the accused misbehaved with the wife of one Sri.Azaruddin Alisab Shaikh and acted indecently, for which, her husband and Azaruddin called the accused and advised him not to do so. After moving some distance, they went in front of the house of the accused person and enquired him why he has misbehaving with the womenfolk, for which, the accused started abusing the husband of the complainant and questioned him as to who he is and thereafter her husband advising him not to trouble the womenfolk, at that point of time, he removed a knife, which was kept in his waist, and assaulted her husband on his left side of the chest. Her husband fell down and blood started oozing out. Smt.Heena Kauser, her son Abdul Rahuf started shouting, at that time, neighbours have assembled there and gave treatment to him. The accused ran away from the place of occurrence with the knife. The husband of the complainant was shifted to Kumta Government Hospital wherein he was declared dead. The said complaint came to be registered in Honnavar Police Station Crime No.136/2021 for the aforesaid offences. The petitioner came to be arrested on 3/5/2021 and he is in judicial custody. The police, after investigation filed charge sheet. The petitioner filed bail application in SC No.22/2021 and the same came to be rejected by the learned II Additional District and Sessions Judge, Uttara Kannada, Karwar, by order dtd. 24/12/2021. Therefore, the petitioner is before this Court seeking bail.

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