MOHAMMED SHADAB W SHADAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.7040/2018 is filed by accused No.2 and Criminal Petition No.9646/2018 is filed by accused No.1 under Section 439 of Cr.P.C. to release them on bail in Crime No.213/2018 of Hennur Police Station for the offence punishable under Section 302 r/w. Section 34 of IPC.

(2.) I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.

(3.) The gist of the complaint is that the complainant's widow sister is the 4th daughter to the complainant's parents and she was residing with the mother of the complainant at Sadhiq Layout. She was working as a teacher. When the complainant's mother was not keeping well she took her to the hospital on 20.7.2018 at about 4.00 a.m. The complainant's brother, i.e., the petitioner in Criminal Petition No.9646/2018 and his friend accused No.2, i.e., the petitioner in Criminal Petition No.7040/2018 had come near the house and asked for water to drink and to take bath. The hands of accused No.1 were stained with blood and he went to take bath. When the complainant asked accused No.2, he told that accused No.1 had been to the house of the deceased to give some amount; accused No.1 went inside the house and he was standing outside the house and after 25 minutes accused No.1 told him to leave soon. Subsequently due to suspicion, the complainant went to the house of the deceased and found that the door was open. When he entered the house along with his relative, they found that the deceased was lying on the cot with bleeding injuries and they also saw the knife between the ears and eyes of the deceased. On the basis of the said complaint, a case has been registered.