BIRAJE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused No.10 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in Crime No.220/2021 registered by Khanapur Police for the offence punishable under Sec. 302 read with Sec. 34 of IPC and after investigation charge sheet came to be filed for the offence punishable under Ss. 302, 201, 120B, 341, 364 and 388 read with Sec. 149 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short) and Sec. 27 of Indian Arms Act, 1959.

(2.) Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that one Nazeema, the mother of the deceased Arbaz filed a complaint on 29/9/2021 to the police initially against accused Nos.1, 2, 3 and 10. It is alleged by the prosecution in the charge sheet that the deceased Arbaz had developed love affair with one Shweta, the daughter of accused Nos.1 and 2. The deceased was belonging to Mohammedan community and Shweta Belongs to Hindu community. The accused Nos.1 and 2 objected for the love affair, snatched the mobile of Shweta and warned her not to continue the love affair with the deceased. Thereafter, they arranged the marriage of Shweta, CW- 47 to one Software Engineer Manjuath. In spite of the same, CW- 47 Shweta continued to contact the deceased through Instagram and other social media. Therefore, the accused Nos.1 and 2 sent their daughter CW-47 to the house of the sister of accused No.2 Susheela. While staying there, CW-47 again tried to speak with deceased by taking mobile phones of the neighbours. This fact came to know to the knowledge of accused No.8 who is the cousin brother of CW-47 and he also warned her. Subsequently, accused No.9 who is the close friend of accused No.8 also warned CW-47 to disconnect the relationship with the deceased otherwise they will teach a lesson to the deceased. Thereafter, accused Nos.8 and 9 conspired with accused Nos.1 to 3 and with the help of accused No.4, abducted the deceased in the motorcycle of accused No.4 and with the help of accused Nos.4, 5 and 10, they committed murder of the deceased and decapitated the head. In order to destroy the evidence, they thrown the dead body on the railway track. After registering the case, the police arrested the petitioner/accused No.10 and others, completed the investigation and filed charge sheet. The bail petition filed by the petitioner before the Sessions Court came to be dismissed. Hence, he is before this Court.