ASIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition is filed under Section 439 of Cr.P.C., seeking to grant bail to the petitioner/accused No.2 in Crime No.162/2018 of Golgumbaz Police Station, Vijayapur, for the offence punishable under Section 302 r/w Section 34 of IPC.

(2.) Factual matrix of the petition are as under: On 06.12.2018 at around 11.45 hours the informant and the deceased-Heena Kousar were coming on mud road near Mahiboobi Nagar. At that time, accused No.1-Sadiq is said to have assaulted the deceased by means of club on her head and thereafter, snatched the knife from the hands of the petitioner/accused and assaulted on the deceased which has resulted in death of the deceased. The informant is the mother of the deceased. The backdrop of such fatal assault is that, accused No.1 was eve- teasing the deceased, which was objected by the informant. However, the accused-Sadiq bent upon to lure the deceased into his fold. It is further alleged that there had been attempt by the family members to reconcile the activities of Sadiq. Despite of which the said Sadiq continued to eve-tease the deceased. Subsequent to registration of the crime against the accused, the Investigating Officer has taken up investigation and after completion of investigation, has laid the chargesheet against the accused.

(3.) Heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent-State.