CHANDRASHEKHAR A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. praying to grant bail to the accused No.1 in C.C.No.5699/2022 (CRime No.40/2022) on the file of the II J.M.F.C., Mysuru registered for the offences punishable under Ss. 143, 302, 201, 342, 343, 323, 324 r/w Sec. 149 of IPC.

(2.) Heard the learned counsel for the petitioner, Shri.C.H.Hanumantharaya and the learned HCGP, Shri.Thejesh.P., appearing for the Respondent/State.

(3.) It is the case of the prosecution that accused No.3 at the instance of accused No.9-Shreekanth.K.C. had dealing with deceased Syed Sadiq @ Saleem in respect of a Rice Pulling Instrument. It appears, they had paid Rs.85,000.00 to the deceased. Thereafter, on one or the other pretext, deceased had been postponing handing over of the said Instrument to accused No.3. On 5/2/2022, deceased and Althaf Pasha, Son of late Amjad Pasha had gone to Maddur to attend a family function. During the said function, some of the accused forcefully taken deceased and Althaf Pasha in a Car to Mysuru. The accused, by name, Shreekanth, Deepu, Sharath, Chandru, Naveen, Chandan, Abhishek, Rakesh and George assaulted on the deceased and demanded him to return their money or hand over Rice pulling Instrument. At that time, the deceased disclosed that he had no such Instrument and he was cheating the public assuring that he would sell Rice Pulling Instrument. Hearing the said information from the deceased, it is stated that above named accused assaulted him and accused No.10 assaulted with a chain on the deceased causing him severe bleeding injuries, because of which, he was said to be succumbed to the injuries. After his death, they threw dead body in gomala land situated within Malavalli Police Station and accused wrongfully confined Althaf Pasha for about two days. The said dead body was seen by the complainant and he lodged a complaint and on that basis, police registered a case in Crime No.34 of 2023 of Malavalli Police Station for the offences punishable under Sec. 302 and 201 of IPC. Later on, it was transferred to Yelawala Police Station on 11/3/2022, on the basis of place of incidence, which is again registered in Crime No.40 of 2022, of Yelawala Police Station.