MAZAR KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused No.3 under Section 439 of Cr.P.C to enlarged him on bail in Crime No.226/2018 of Kalasipalya Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of IPC and also Sections 27, 27(1) of Indian Arms Act.

(2.) I have heard the learned counsel for the petitioner/accused and learned High Court Government Pleader for respondent - State.

(3.) The brief facts of the case as could be seen from the charge sheet is that on 31.07.2018 at about 8.20 p.m., when a person by name Hariharadas who is said to be an eye witness to the incident after closing his shop was proceeding to his house, at that time, he received a phone call from the deceased by name Syed Ameen calling this witness to come to Motinagar. When he reached Motinagar at about 9.30 p.m., and having tea at Kerala Tea House, Bamboo Bazaar, deceased Syed Ameen also came there and having tea. At that time, some unknown persons came there and questioned the deceased Syed Ameen about his name and thereafter, the said person went away and again he came back and snatched the mobile phone and asked him to come out side. At that time, 8-10 strangers came there and one of them made an attempt to assault the deceased Syed Ameen with knife. Then deceased Syed Ameen ran towards Taj Hotel. Some of the accused persons who were holding long and choppers chased the deceased and some accused persons caught hold this eye witness. Immediately, Hariharadas-eye witness ran away and made a call to one of the relatives of the deceased by name Mohin Pasha and informed about the incident. Father of the deceased Syed Shabbir along with brothers of the deceased came and called this eye witness to show the spot and this eye witness took all of them to Bamboo Bazaar and went behind Taj Hotel and there they saw the dead body of the deceased. On enquiry, the said witness came to know through the father of the deceased that due to previous hatredness and ill-will between the deceased and one Haroon, Pasha, Farooq, Chota Panda, Bada Panda and others by using long and choppers must have committed the murder of the deceased.