AMJAD ABDUL SHEKH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is the sole accused has filed this petition under Sec. 439 Cr.P.C. to grant him bail in S.C.No.5021/2023 pending on the file of VII-Addl. District and Sessions Judge, Belagavi, sitting at Chikodi, for the offence punishable under Sec. 302 of IPC.

(2.) In support of the petition, petitioner/accused has contended that he has not committed the alleged offence. There are no eyewitnesses to the incident and the entire case of the prosecution is based on circumstantial evidence. The alleged offence has taken place on the road in a broad day light and if really the petitioner/accused has committed the offence, the general public would have resisted him. The entire prosecution case is doubtful and requires a full fledged trial to prove the same.

(3.) Learned HCGP submitted oral objections stating that in respect of the incident, complaint is filed by the wife of deceased. As evident from the complaint averments, complainant's father-in-law-Abdul Shaikh is having 5 children namely Anwar Shaikh, Gulshan, her husband deceased-Akbar, Amar and Amjad and all of them are living separately. Even her parents in law are also living separately. Her husband-Akbar and brother-in-law-Anwar are having separate garages. Since about one month, her brother-in-law i.e., accused Amjad was suspecting that deceased-Akbar was having illicit relationship with his wife-Ifqat and was upset. Though her parents in law and relatives counseled him, petitioner/accused was not satisfied. In this regard, they were intending to hold one more meeting. When things stood thus, on 3/12/2022 at 10.00 a.m., her brother-in-law Anwar went to Kabburu. At 12.00 noon deceased-Akbar went to work i.e., to Kabburu on his Honda Activa Motorcycle bearing registration No.KA23/EN- 1127. However, at 5.30 p.m. accused returned home with bloodstains and when neighbors enquired him, he disclosed that while deceased-Akbar was proceeding on Nippani-Mudhol road from Kabburu, he dashed his car against the motorcycle of deceased-Akbar and when he fell down, he assaulted the deceased with knife and killed him. On hearing the same, all of them went to the spot and found the dead body of deceased- Akbar with severe injuries.