H.S. BHISMA AND ORS. Vs. THE STATE

JUDGEMENT

(1.) Heard Sri. Vivek Reddy, learned Senior counsel for the petitioners who are accused Nos. 1 to 3 in Cr.No. 304/2015 on the file of Respondent -Police for the offences punishable under Sections 143, 147, 140, 149, 307, 302 of Penal Code r/w Sections 3 and 25 of Arms Act, 1959 They are in judicial custody for the past 64 days. Hence regular bail application is filed on their behalf though similar applications are rejected by the learned Sessions Judge.

(2.) The case on hand relates to the murder of one Sahul Hameed on 10.11.2015 by these petitioners along with other accused. It is submitted that when the deceased along with others were returning to Siddapur in a vehicle after attending Tippu Jayanthi at Madikeri, these petitioners along with others shot at the inmates of the vehicle and the deceased was hit by a bullet and immediately he was shifted to hospital, where he was declared dead on 11.11.2015.

(3.) Learned Government Pleader has vehemently opposed the bail application on the ground that contents of the statements of the material witnesses would make out a prima -facie case with regard to the participation of these petitioners along with other accused in creating communal tension and assaulting Sahul Hameed and others who were proceeding in a vehicle on 10.11.2015. He has submitted that statements of some more witnesses will have to be recorded and investigation is still in progress and hence requested this Court to dismiss the bail application.