GULZAR AHAMAD Vs. STATE BY MAHADEVAPURA

JUDGEMENT

(1.) The present petition has been filed by petitioner-accused No.4 under Section 439 of Cr.P.C., seeking to enlarge him on bail in Crime No.474/2016 of Mahadevapura Police Station, for offence punishable under Section 302 read with 34 of IPC.

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

(3.) The case of the prosecution is that the deceased was working as a Security Guard and Gunman in I.T. Park, Tulip Company, IDFC Bank. Prior to the incident accused Nos. 1 to 4 are alleged to have committed theft of Aluminum, Copper and Iron scrap in the I.T. Park which was resisted by the deceased. On 26.09.2016 with an intention of committing the murder of the deceased, all the accused persons are alleged to have taken the deceased to the second floor of dilapidated corridor situated in the same building. It is alleged that accused No. 1 snatched the single barrel gun of the deceased and thereafter, all the accused persons pushed the deceased on the ground. Accused Nos. 2, 3 and 4 held the hands and legs of the deceased and accused No. 1 sat on the chest of the deceased and pressed his neck with the same gun and all the accused persons assaulted the deceased with hands and accused No. 1 assaulted him with the butt of the gun and as a result, he died on the spot. On the basis of the said allegations a case has been registered.