VASHIM PASHA @ VASHIM 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 for the offence punishable under Section 302 read with 34 of IPC , registered in respondent-police station in Crime No.43/2017.

(2.) Brief facts of the prosecution case as alleged in the complaint that on 09.02.2017 at about 9.00 p.m. there was a quarrel between accused No.1-Suhail and others regarding call given to deceased Shahbuddin @ Lukman to come for prayer to a Mosque of Tableeq Jamat for which he had refused and regarding this quarrel had occurred. Further allegations is that, on 10.02.2017 at about 10.00 a.m. the deceased Shahbuddin @ Lukman had gone near the Garage of accused No.1-Suhail and picked up quarrel with him and abused regarding call given for prayer in Tabliq Jamat Mosque and at that juncture the deceased has abused and threatened accused No.1, then the accused No.1 said to have stabbed him with knife and this petitioner tried to assault with Chain Sparket but, he avoided and then again the petitioner and one Kondapasha said to have caught hold him but, by then CW-2 Phiru and others intervened. The deceased has sustained one stab and other injuries. For which, he was taken to for treatment to Government hospital, Pandavapura and from there to Columbia Asia Hospital, Mysuru and there, the deceased was declared as brought dead. On the basis of the said complaint, the case came to be registered for the said offences.

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