BASHEER Vs. STATE

JUDGEMENT

(1.) Both these petitions are filed by accused Nos.9 and 10 under Sec. 439 of Cr.P.C for granting bail in S.C.No.47/2021 pending on the file of Principal District and Sessions Judge, Dakshina Kannada, Mangaluru arising out of Crime No.38/2020 registered by Mulky police station and charge sheeted for the offence punishable under Sec. 143, 147, 148, 341, 307 , 302, 109, 114, 120B read with 149 of IPC .

(2.) Heard the learned counsel for petitioners and learned HCGP for the State.

(3.) The case of the prosecution is that on the complaint of one Imran, the son of Abdul Latheef who had filed first information to police on 5/6/2020. Initially the police registered the case for the offence punishable under Ss. 143, 147, 148, 341, 307, 302, 395 read with 149 of IPC . Subsequently, during the investigation they added Sec. of 114, 109 and 120B of IPC . It is alleged that the accused No.1 Davood Hakeem and CW2/Badrul Muneer had serious enmity between them. The accused No.1 and others have conspired to commit murder of CW2 and pursuant to the conspiracy on 5/6/2020 in the evening when the CW1 complainant along with the CW2 and CW3, the injured witnesses along with one Badrul Muneer and Hiyaz were returning in their car bearing No.MH 06 AB 7677 and after having transaction in the HDFC Bank at Mulky between the 4.00 p.m. and 4.05 p.m., in the evening and when he was at service road, the accused Nos.2 to 10 at the instance of accused No.1 came near the car in motor cycle and intercepted the car. Thereafter, the accused Nos.2 and 3 abused CW2 in filthy language and accused No.2 assaulted CW2 and his companion with knife. The accused No.3 assaulted with wooden club and the accused No.4 assaulted with soda bottle. Also, the accused No.7 assaulted the CW2 with concrete stone. At that time the deceased-Abdul Lateef came there and the accused No.6/Bava pushed and pulled him. Later, all the other accused person chased Abdul Latheef and made him to fall down in front of the HDFC Bank and they assaulted the deceased with deadly weapons. Subsequently, he died on the spot. After receipt of the complaint police registered the FIR by showing 8 names along with others. Subsequently, these petitioners were arrested on 24/9/2020 and previously this petitioner was arrested by the police and the Sessions Judge had granted bail to both the petitioners and they have been released on bail. Subsequently, the first informant filed the petition under Sec. 439(2) Cr.P.C for cancellation of the bail. Accordingly this court vide common order dtd. 26/8/2021 in Crl.P.No.2557/2021 and the connected matters allowed the petition and cancelled the bail granted by the Sessions Judge against all these accused persons. The petitioner presently was taken to the custody on 24/9/2021. Hence, the petitioners are once again before this court.