MOHAMMED RASHEED Vs. THE STATE

JUDGEMENT

(1.) Heard Sri Anil Kumar Navadgi, learned Advocate appearing for petitioner and Sri P.S. Patil, learned High Court Government Pleader appearing for respondent -State. Perused the records.

(2.) Petitioner has been arraigned as accused No. 2 in Crime No. 85/2015 by Bidar Town Police Station, for the offences punishable under Ss. 302, 324, 504 r/w Sec. 34 of IPC.

(3.) It is the case of prosecution that complaint came to be lodged by one Mr. Mansoor Miyya on 14.08.2015 alleging that sister of the deceased -Gulam Mateen was given in marriage to one M.A. Waheed and prior to it, petitioner had arranged engagement of Mr. M.A. Waheed with another girl for marriage of M.A. Waheed being performed and without knowing this fact, deceased had given his sister to M.A. Waheed as such, petitioner developed ill -will on account of earlier marriage talks proposed by the deceased having failed. It is further alleged that on 14.08.2015 deceased had called the complainant to Baroodgalli at about 8.30 p.m. over phone and when he went to the place, he saw that the deceased was quarreling with petitioner and they were exchanging fisticuffs and at that point of time, son of the petitioner took out a knife and stabbed on the chest of deceased causing grievous injuries. It is also alleged that son of petitioner assaulted the complainant with punch on the head and petitioner also assaulted the complainant with wooden club on his chest, head and also on the deceased and subsequently, they were pacified. Thereafter, deceased and complainant have been shifted to Government Hospital, Bidar, for treatment but deceased did not respond to the treatment and succumbed to the injuries at about 9.15 p.m. Accordingly, criminal case was registered against accused persons. Hence, this petition has been filed under Sec. 439 of Cr.P.C., by accused No. 2 seeking for being enlarged on bail.