JAFFER HUSHAIN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 14/7/2023 for the offence punishable under Ss. 147, 148, 302 r/w 34 of IPC in Crime No.337 of 2023 on the file of the respondent police, seeks bail.

(2.) It is the submission of the learned counsel for the petitioner that petitioner is falsely implicated in this case in Crime No.337 of 2023 for the offence under Ss. 147, 148, 302 r/w 34 of IPC. Petitioner's name is not found in the First Information Report. He is the brother of the accused Anwar. When Anwar was not able to be secured by the respondent police, they apprehended the petitioner and implicated the petitioner as an accused in this case. The petitioner is in judicial custody from 14/7/2023. Thus, he seek bail.

(3.) In response, the learned Additional Public Prosecutor submitted that de-facto complainant's father is the deceased Nagaraj. The de-facto complainant's sister eloped with one Surya, who is A1 in this case. On the basis of the complaint given against Surya and the persons who had helped him, they were apprehended and remanded in prison. This lead to enmity between Surya and the de-facto complainant and his family members. Surya used to tell to the de-facto complainant's father and his family members that he would do away with them. On 9/7/2023, at about 09.00 p.m., when the de-facto complainant came back after purchasing camphor, he found accused Anwar, K.D.Maari, Karthik, Ajay, Kaavoor Viji and some others had assaulted his father with aruval and caused serious injuries, that lead to the death of his father.