(1.) THE present petition is filed under Section 439, Cr.P.C. by the 2nd accused in a criminal case in Crime No.349/14 on the file of Mangalore Rural police station, D.K.District. The offences alleged against the petitioner and three others are punishable under Sections 364, 201, 302 read with Section 34, I.P.C. He has been in judicial custody and hence seeks regular bail under Section 439, Cr.P.C.
(2.) THE case of the prosecution is that 2nd accused -Bipin Rai is running a private finance at Pumpwell, Mangalore. Deceased Abdul Hameed @ Don Ammi had borrowed some amount from the 2nd accused and had not repaid the same. They were stated to be hiding themselves from July 2014 and were not available to the 2nd accused. Since the 2nd accused could not recover the amount, he decided to eliminate Abdul Hameed and accordingly approached the 1st accused, i.e. present petitioner to murder Abdul Hameed. In this regard, 2nd accused had agreed to pay Rs.5,00,000/ - as Supari. The 1st accused contacted accused nos.3 and 4 and requested them to join him in murdering the deceased.
(3.) IN furtherance of the common intention, they hatched a plan to eliminate Abdul Hameed. On 7.10.2014, 1st accused who had good relationship with the deceased, pretended to get a loan for him from a person known to him. On the same day, accused nos.1 and 2 took the deceased in an un -numbered Skoda Fabia car from the Deputy Commissioner's office at Mangalore and then to a secluded place in Shaktinagar near Bhootasthala. Accused nos.3 and 4 were already there armed with Talwars to attack the deceased. The 2nd accused dragged the deceased from the car and told that he was hiding himself from paying the amount to the 1st accused and assaulted him on his cheek and kicked him. Accused nos.3 and 4 also assaulted the deceased on his head, face, stomach, chest and other parts of the body and also with the Talwar.