FARAZ PASHA Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the accused No.8 who has been denied bail by the Special Court for trial of NIA cases by its order dtd. 17/12/2022 in Spl.C.C.No.2000/2022.

(2.) The appellant and other accused are imputed of killing Harsha @ Hindu Harsha in between 8.45 and 9.15 PM on 20/2/2022 at a place opposite to Kamat Petrol Bunk, Bharati Colony Cross in Shimoga City. FIR was registered at Doddapete Police Station and, while the case was being investigated by the State police, National Investigation Agency took over investigation and filed charge sheet for the offences punishable under Sec. 143, 201, 204, 212, 341 and 302 read with Sec. 34 IPC, and Sec. 16, 18, 19 and 20 of Unlawful Activities (Prevention) Act , 1967.

(3.) The Special Court has found existence of prima facie case against the accused No.8, and to draw this conclusion, it has found from the charge sheet materials that he became a member of conspiracy by agreeing to keep watch on the movements of Harsha and provide information to other accused. The call records show that accused No.8 was constantly updating the movement of Harsha to co-accused which enabled the latter to attack and kill him. The statements of CW-55, CW-65, CW-66 and CW-70 indicate the presence of accused No.8 at the scene of occurrence; the CCTV footage collected at the petrol bunk show the movement of accused No.8 in a swift car with registration number CG-13/C-4496; and his mobile phone contains images of weapons used for commission of offence and photograph of deceased Harsha with injuries on his body. Therefore, the Special Court has held that these facts prima facie establish the involvement of accused No.8 in the crime being a member of larger conspiracy.