SYED JAVEED @ KALA JAVEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 341, 323 and 302 read with Section 149 of IPC registered in respondent - police station Crime No.69/2017.

(2.) The compliant in this case came to be registered on 3.8.2017 at 5.30, by Mohamed Ibrahim for the death of one Zuhera Mirza. At the first instance, the complaint in Crime No.69/2017 was registered against Sabbir, Mithesh and others. However, the final report was filed against 6 persons. Insofar as the sequence of events is concerned they are culled out from the orders passed by the learned District Judge in Crl.Misc.No.2294/2017, dated 21.11.2017.

(3.) The learned counsel for the petitioner would submit that the petitioner was unnecessarily roped in the case. Further, his name did not figure in the FIR. It is submitted that the financial transactions and default in repayment are the reasons stated for the vengeance and the cause for murder of Zuhera Mirza. It is stated that originally the car belonged to the complainant and was used by Zuhera Mirza for personal purpose. Thereafter, Zuhera Mirza had given the car to Sohail. Later, the car was taken away by Ashok. On 2.8.2017, when the complainant and Zuhera Mirza went to Manasinagar, Mysuru, there was a quarrel between Sabeer and Mithesh. Other accused persons arrived to the spot and thereafter assaulted Zuhera Mirza. There is no specific allegations against the present petitioner, therefore, the learned counsel submitted to enlarge the petitioner on bail by imposing certain conditions.