NAYAZ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused has filed this petition under Sec. 439 of Cr.P.C., for enlarging him on bail in Crime No.44/2022 of Srinivasapur Police Station registered in SC No.64/2022 on the file of the I Additional District and Sessions Judge, Kolar, for the offences punishable under Ss. 302 and 201 of Indian Penal Code (for short " IPC ").

(2.) The brief facts of the case of the prosecution are that on accused is running a mutton stall at Srinivasapur town and he is in the habit of betting. As a result, he lost substantial amount and raised loan. The deceased Muniswamy was doing sheep business and accused used to purchase sheep from the deceased. On 21/2/2022 at 9.15 am, the deceased left his house for sheep business and at 10.45 am, he went inside the shop of the accused along with CW2 Narayanswamy wherein the accused has paid Rs.50,000.00 to the deceased which he owed towards sale of sheep. It is also alleged that thereafter, the accused sent back CW2 under the guise that he is going to take the deceased for sheep business and he took the deceased on his motorcycle bearing registration No. KA07:EC:9578 towards Mogilahalli and Katharimuddlahalli for sheep businesses and again returned to the shop by 11.15 am. It is further case of the prosecution that the petitioner being unable to bear the pressure of loan mongers, hatched a plan to snatch R.50,000/- from the deceased and hence, he took a knife from his shop, then took the deceased on his motorcycle under the pretext of seeing the sheep at Indirnagar in Shrinivasapura. At 12.00 noon, he took the deceased near by mango grove and slit his throat with the knife by committing his murder. It is further alleged that thereafter, he took Rs.50,000.00 from the deceased and returned to the house and washed blood stained knife in his house as well as blood stained clothes to screen himself from the legal consequences. At about 12.30 p.m. he again visited Pragati Grameen Bank, Shrinivasapura and deposited Rs.50,000.00 in his account. Hence, it is alleged that he has committed the offence alleged.

(3.) In this regard, the complainant has lodged a complaint and on the basis of the complaint, FIR came to be registered against unknown person. Subsequently, during the course of investigation, the Investigating Officer recorded the statement of CW2 and on the basis of his statement, he apprehended the accused. He has also recovered the knife and clothes from the custody of the accused at his instance and after completing the investigation, submitted the charge sheet. The petitioner moved a bail petition and his bail petition came to be rejected. Hence, he is before this Court.