MOHAMMED USMAL ULLA SHARIFF Vs. STATEOF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 and 201 read with Section 34 of IPC registered in respondent Police Station Crime No.382/2016.

(2.) Brief facts of the case of prosecution are that on 22.08.2016 at about 09.30 am, the complainant appeared before the respondent police station with a complaint, wherein he had stated that he was running a hotel by name 'Noor' at Chinnasandra. He was constructing a hotel in the land adjoining the main road, which belonged to him. The said construction was underway and he had dug up a sump tank to store water and that, he had covered the sump tank with a zinc sheet. At about 8.00 a.m. on the same day (i.e., 22.08.2016), while he was in his hotel, some residents of his village came to him and told him that a boy had fallen in the sump tank of his under construction hotel and had died. Then the complainant along with few others went to the spot and found the information to be true. The boy was aged around 8 years and on enquiry, he found out that the boy was named Abdul Nawaz, son of Noushad and resident of Kolar and that he was a student of the Madrasa. The complainant ascertained that a week prior to that day, a resident of Assam by name Hajibur Rahman Lashkar, son of Anwar Uddin Lashkar, had come to the Madrasa and disclosed that he had nobody to call his own and hence, he would work and reside at the Madrasa for his daily food. Then the complainant also ascertained that, Hajibur Rahman Lashkar and deceased Abdul Nawaz had quarreled with each other over food and other issues and that once or twice the said Hajibur Rahman Lashkar assaulted the deceased Abdul Nawaz. When such being the situation, on 21.08.2016 around 6.00 am, the deceased Abdul Nawaz was present till the morning prayers and thereafter, had gone missing. The said Hajibur Rahman Lashkar had taken the boy Abdul Nawaz near the undergoing construction belonging to the complainant and had killed the deceased by slitting the throat with a blade or any other sharp weapon and had dumped the body into the sump tank to conceal the crime. This incident might have taken place from 6.00 am of 21.08.2016 to 8.00 am of 22.08.2016. On the basis of the said complaint, the case was registered by the respondent police firstly against Hajibur Rahman Lashkar and others. During the course of investigation, the petitioner has been arrayed and he has been placed as accused No.1.

(3.) I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.