ABID PASHA @ BAYYA @ IBRAHIM 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 alleged offence punishable under Section 307 read with Section 34 of IPC registered inthe respondent-Police Station Crime No.199/2009. Subsequently, after the demise of injured Ramesh, the case under Section 302 of IPC also came to be inserted in the case.

(2.) The prosecution case as per the complaint averments is that the complainant was working as Recovery Officer in a Bank for the last 7-8 years under one Anand Pai, but for the last one year, he was working as Officer in Syndicate Bank through Metros Detective Private Limited and Anand Pai was the Regional Manager. Further allegation is that the complainant got a call from Smt.Shubhasini, W/o Anand Pai, stating that her husband got assaulted by someone and complainant rushed to the place of Church Circle and when he reached the spot, he found that public had gathered at the place of incident and came to know that injured were shifted to K.R.Hospital, Mysuru and got information that one Jayaram had assaulted the deceased. The further allegation is that said Jayaram had borrowed loan from the Bank for the construction of three floor building and in this regard, notice was issued to the said Jayaram informing him that the possession of his property will be taken and there was a compromise attempt made. Inspite of that Jayaram started enmity with Anand Pai. Hence with an intention to save the property of the said Jayaram committed offence by assaulting the said Anand Pai and Ramesh. The injured Ramesh and Anand Pai suffered injuries to their head, face, hands and legs and they were shifted to Apollo Hospital. Thereafter, the injured Ramesh expired.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader for the Respondent-State.