MOHAMAD ANIS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner- accused No.5 (in remand application accused No.9) under Section 438 of Cr.P.C. to enlarge him on anticipatory bail in Crime No.49/2019 of New Market Police Station, Sirsi, for the offence punishable under Section 302 of IPC.

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

(3.) The summary of the complaint is that, the petitioner-accused No.5 is the Vice President of Minority Wing of Bharatiya Janata Party and aggressors are belonging to the different organisation. In that light, they were anti-canvassing about the association of the petitioner-accused No.5 and there was a grudge as against the petitioner-accused No.5. On 23.04.2019, there were elections to the Parliament and as the petitioner was a party agent in polling booth Nos.78-80. After polling is over he went to his shop and at about 9:30 p.m., he had a dinner in a hotel and dropped his brother at his house and his friend Ashfak's wife had been to election duty and hence on request of Ashpak to pick his wife around 10:30, he was waiting, sitting on his bike near Kasturba nagar. At that time a black colour car passed and was driven by Farooq and the same car came with head lights off and dashed to the motor bike of the petitioner. As a result of the same, he fell down and immediately thereafter inmates of the car surrounded him and attacked with dagger, knife and rods. As a result of the said assault he suffered with the injuries. When he tried to escape from that place they did not spare him and they also stabbed on his abdomen, chest and other parts of the body. The petitioner-accused No.5 felt that they will not leave him and started running away to a nearby house of his friend and he also made a hue and cry. Immediately the neighbours gathered there and the accused persons leaving the car there itself went away. Thereafter the petitioner was taken to the Government Hospital, Sirsi after primary treatment and on advise he was shifted to the K.S.Hegde Hospital, Mangaluru. After coming to the consciousness on 25.04.2019, at 00:30 hours, he filed the complaint in Crime No.51/2019. It is further alleged that during the course of investigation it is revealed that, it is the Farooq- accused No.2 who assaulted with knife to the deceased on his hand and because of the bleeding injuries he died. On the basis of the complaint a case has been registered in Crime No.51/2019.