RAYEES USMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioner, who is arraigned as accused No.4, on bail in Crime No.27/2022 of Gandhi Chowk Police Station, Bijapur, registered for the offences punishable under Ss. 120 (B), 143, 147, 148 and 302 read with Sec. 149 of Indian Penal Code, 1860 (' IPC ' for short), on the file of I Additional Civil Judge and JMFC-I Court, Vijayapura in C.C.No.5917/2022.

(2.) It is the case of the prosecution that on the basis of complaint lodged by the brother of deceased the above said FIR came to be registered. It is alleged that his brother deceased Mustakim was in love with one Atika daughter of Rauf Ahmed Shaikh, who is also niece of petitioner. In this regard Mustakim discussed with his family members and they have no objections provided the bride's family members agreed. But the family members of Atika rejected the proposal. Therefore, the complainant informed his brother to talk with family members of girl and then only marry with her. But as the family members of the girl did not agree for marriage, both the deceased and the girl went to Bengaluru and married. They have also gone to Miraj and sought protection from Court at Miraj as the family members of girl were repeatedly threatening the deceased to take away his life and they intended to hire supari killers for that purpose. Even they registered a missing complainant and also a kidnapping case, but the said girl who is major gave a statement before the Magistrate under Sec. 164 of Cr.P.C. stating that she has married on her own and she was in love with the deceased. Therefore, the family members of girl have got ill-will and grudge towards deceased. Both are living at Vijayapura Koli Colony.

(3.) On 15/2/2022 at about 09.30 a.m. the complainant received a phone call stating that his brother deceased was killed by causing accident, near Vijayapura Akashwani Kendra. By that time they were went there, the injured was taken to Hospital and he was already dead and they found injuries on his body. In this regard, he lodged the complaint - first information report.