IRFAN MOHAMMAD HUSSAIN KALADGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On the basis of a complaint lodged by Sri. Moiuddinpasha alleging that his son -in -law Sri. Syed Faizuddin was murdered on 08.11.2014, criminal law was set in notion and Crime No. 301/2014 came to be registered by Gandhi Chowk Police Station, Vijayapura against Mohd. Asif and eight others for the offence punishable under Sections 143, 147, 148. 302, 323, 120B,109, 504, 506 r/w 149, Penal Code and under Sec. 27 of Indian Arms Act.

(2.) On conclusion of investigation, charge -sheet came to be Filed against 23 persons for afore stated offences in S.C.No.44/2015 which is pending on the file of Sessions Judge, Vijayapura. Petitioner has been arraigned as accused No. 19 and he is in custody from 19.12.2014.

(3.) Petitioner had approached this Court for being enlarged on bail in Criminal Petition No. 200427/2015 which came to be dismissed by order dated 27.04.2015 -Annexure -E on the ground of parity namely, on the ground that petitioner's role is similar to the role of accused Nos. 17 and 18 and this Court had already taken a view that accused Nos. 17 and 18 persons were also present at the spot and they had indulged in similar acts as that of petitioner and their prayer for grant of bail had been rejected. Thereafter, fresh application came to be filed by the petitioner along with accused Nos. 9, 18 and 20 seeking grant of regular bail under Sec. 439 of Crimial P.C. before District and Sessions Judge, Vijayapura. Said bail petition came to be considered by the Sessions Judge and it was allowed in part namely, bail came to be granted to accused No. 9 and application filed by accused Nos. 18, 19 and 20 came to be rejected by order dated 21.11.2015 -Annexure -C. Hence, petitioner -Accused No. 19 has filed this petition for grant of bail.