NADEEM AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.1 under Section 439 of Cr.P.C to release him on regular bail in Crime No.25/2018 in Channapatna East Police Station for the offence punishable under Section 302 read with Section 34 of IPC.

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

(3.) The gist of the complaint is that on 21.07.2018, when the complainant was in his house, his friend one Zakeer came and informed that his elder brother was murdered by unknown persons by cutting his neck near the Kappa bushes, Lalaghatta Road. Immediately, the complainant along with his friend went to the spot and noticed the dead body of his brother and they enquired one Mr. Ajgar and he told them that at about 6.00 p.m., when his brother was in auto stand at Indira Cottage, Accused No.1-Nadeem and Accused No.2- Nawaz took him by saying that they wanted to talk with him personally. It is further alleged in the complaint that on the previous night i.e. on 20.07.2018, during the night hours, some unknown persons have burnt the ACE vehicle of accused No.1 and in turn, petitioner-accused No.1 thought that Wasim would have burnt the said vehicle. In order to take revenge, petitioner-accused No.1 took the deceased and thereafter assaulted by slitting the neck and evacuated the evidence. On the basis of the complaint, a case has been registered.