SAYED VAJEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in S.C.No.220/2023 pending before the LXI Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.326/2022 registered by Konanakunte Police Station, Bengaluru for offence punishable under Sec. 302 of IPC is before this Court under Sec. 439 of Cr.P.C., seeking regular bail.

(2.) Heard the learned counsel for the parties.

(3.) On the complaint of one Chand Pasha dtd. 30/10/2022, FIR was registered in Crime No.326/2022 by the Konanakunte Police, Bengaluru against the petitioner herein for the offence punishable under Sec. 302 of IPC. In the complaint it is alleged that complainant is married to Smt.Fathima and from the said wedlock they have four children. Deceased Shaffir is the second son of the complainant. On the date of incident, complainant had gone to Kanakapura and on the way back to his house, he was informed by one Shabbir that his son Shaffir was assaulted and stabbed with a knife and he was taken to the hospital. Immediately, complainant rushed to the hospital. At about 9:35 p.m., he was informed by the Doctor that his son had succumbed to the injury. He was subsequently informed by Shafayath that the petitioner had stabbed the deceased with a dragger knife. Accordingly, he had lodged the complaint which had resulted in the registration of FIR in Crime No.326/2022 against the petitioner. The petitioner was arrested during the course of investigation on 30/10/2022. His bail application filed before the LXI Additional City Civil and Sessions Judge, Bengaluru Court in Crl.Misc.No.2629/2023 was dismissed on 13/4/2023. It is under these circumstances, the petitioner is before this Court.