STATE OF KADUGODI POLICE BANGALORE Vs. GULZAR KHAN

JUDGEMENT

(1.) In this petition filed under Section 439(2) read with Section 482 of the Code of Criminal Procedure by the State, the State prays for cancellation of the anticipatory bail order granted in favour of the respondent on 16-3-1995 by the learned Additional Sessions Judge, Bangalore Rural District in Criminal Miscellaneous No. 130 of 1995 on his file.

(2.) Respondent is accused No. 1 in Crime No. 45 of 1995 of Kadugodi Police Station, Bangalore. The said crime number is registered for offences punishable under Sections 143, 147, 148, 149, 341 and 302, I.P.C. against twenty persons.2A. According to prosecution, on 2-3-1995 Thimmaraju, resident of Dinnur village being an employee of N.G.E.P. prepared himself his house to go to the factory at about 5.45 a.m. and his wife Smt. Umadevi the complainant also joined him to go to her mother's house and when they came infront of Ujwal School building, Kadugodi 'O' Farm Road between 5.55 a.m. and 6.00 a.m. the respondent and other accused persons came from school compound side and the respondent stabbed Thimmaraju on his stomach with a knife and accused-2 Shankar assaulted Thimmaraju with a machchu on the back of his head and all the accused surrounded him and assaulted him with weapons and when the complainant Smt. Umadevi tried to rescue her husband she was threatened with injuries and the accused tried to attack her and by that time a lorry came on the road and seeing the same the assailants ran away from the place.

(3.) It is the prosecution case that seeing her husband done to death on the spot, Smt. Umadevi became panicky, went to Dinnur village, informed her neighbours and villagers and came back to the spot with the villagers. She was in a state of shock. She got the complaint prepared on the spot through one Muralidhar and presented it herself in the Police Station at about 8.30 a.m. on the basis of which the Police registered crime No. 45 of 1995.3A. The Circle Inspector of Police held inquest proceedings between 10.00 a.m. and 1.00 p.m. The complaint of Smt. Umadevi after registration of crime No. 45 of 1995 was sent to the learned Magistrate and it reached him at 3.15 p.m. on the same day. The inquest proceedings reached the Magistrate on 3-3-1995 at 7-30 p.m.