SAMEER S/O SAJJADE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since these two petitions are arising out of the same crime, they are heard together and disposed of by this common order.

(2.) Brief facts leading to filing of the complaint are that, deceased Sabir Patel belongs to Youth Congress, supported one Asif Mohammedgouse Inamdar in the election of Youth Congress held in the year 2011, who subsequently elected in the election. Because of that reason, one Syed Fayazuddin Mushriff and his supporters were anguish against Sabir Patel and Asif Inamdar. Further, in the year 2012, Syed Fayazuddin Mushriff and his followers did cut the hand of Asif Inamdar. In that light, in 2014, the Sayed Fayazuddin Mushriff was murdered. A complaint was lodged in connection with the murder of Sayed Fayazuddin Mushriff and on suspicion deceased Sabir Patel was arrested and was released on bail on 04.07.2015. On 08.07.2016 at about 5.10 p.m., complainant was proceeding on his motor cycle bearing registration No.KA-28/K-2653 and deceased Sabir Patel was proceeding on another motorbike bearing registration No.KA-28/EH-3702 along with other to see the house of their relative which was under construction, near Itagi Petrol Pump. After visiting the said place, there they waited for the brother of the deceased for some time, since he did not arrive, when the deceased and complainant were returning to their house on their respective motor cycles through Athani Road, at that time near the Old Water Tank a White coloured Swift Motor Car and Pulsar Motor Cycle came from opposite direction and dashed to the motorcycle of the deceased Sabir Patel. As a result of the said impact, Sabir Patel fell down and thereafter by leaving his motorcycle he started running towards Siddeshwar Super Bazar shop. It is the further case that the inmates of said Swift Car and Pulsar Motorcycle started chasing the said Sabir. At that time accused Nos.1 and 4 were holding the Pistols and other accused persons were holding the choppers. When Accused No.1 Ayaz Mushriff and Accused No.4 Sameer Mushriff fired at the Sabir, due to hitting of fitted bullets Sabir fell down, at that time all together started assaulting Sabir with choppers and one Bade Peera Mushriff was instigating aforesaid remaining culprits to assault and kill Sabir. It was further alleged that one Farhan Ahmedsab took up a big stone lying there and dropped on the head of Sabir. It is further alleged that when such incident was going on, the complainant and other persons started running towards spot, by seeing the same, culprits stopped assaulting the deceased and fled away from the spot in the Swift Car and Motorcycle. The public gathered on the spot called the 108 for Ambulance and the complainant and others took the injured to Government Hospital and there Doctor declared him as dead. It is the further case that, the complainant informed the incident to his relatives and friends and when complainant enquired to one Farooq Mohammedsab he disclosed that on 07.07.2016 at about 6.00 p.m., he saw in F.M. Hotel Water Plant near PDJ Ground at Vijayapur, the accused persons were hatching the conspiracy to murder the deceased and discussing that the deceased had come out on bail and after watching his movements they have to murder the deceased. In this behalf, a complaint was registered by the police against the accused persons.

(3.) I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State.