IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8896/2018 BETWEEN:
SUHAIL @ ABDUL REHMAN SUHAIL AGED ABOUT 24 YEARS S/O. HUSSAIN R/A.17-63-14 JAMALIA ROAD, MUKKACHERI ULLALA, MANGALORE PIN - 575020 (BY SMT. HALEEMA AMEEN, ADV., ... PETITIONER FOR SRI ASHOK KUMAR SHETTY, K.ADV.,) AND:
STATE BY THE STATION HOUSE OFFICER ULLALA POLICE STATION MANGALORE (REPRESENTED BY THE STATE PUBLIC PROSECUTOR) HON’BLE HIGH COURT OF KARNATAKA PIN - 560001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.461/2017 OF ULLAL POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/S.120-B, 107, 109, 326, 302 R/W SEC.34 OF IPC AND SEC.4 AND 24 OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for respondent - State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Cr.No.461/2017 and the same has been culminated in to S.C.No.77/2018, after charge sheet and committal of the case, the same is pending before III Additional District and Sessions Judge, D.K., Mangaluru.
3. The case of the prosecution is that accused Nos.1 to 5, 6 and 7 had a conspiracy to do away with the life of the deceased by name Zubair, because of the previous ill-will and hatredness.
Particularly, on 04.10.2017 at 06:00 p.m. accused Nos.5 and 6 along with accused No.7 who provided deadly weapons to accused No.1 and other accused persons, were joined together and accused Nos.2 to 4 went to Mukkacheri Masjid situated at Ullala Taluk Mangaluru District and found that deceased Zubair was walking with CW.2-Illiyas and at that time accused Nos.1, 2, 3 and 4 came there along with long, choppers and assaulted the deceased with chopper and caused injuries to CW.2. Therefore, there are serious allegations made against accused Nos.1 to 4, who actually participated in assaulting the deceased and the injured. The above said incident is fully supported by the statement of the complainant who himself went to the spot after receiving the information and saw the accused who were known to him and present at the spot and assaulting the deceased. CWs.1, 2, 3, 4, 5 and 8 are the eye witnesses to the incident and implicated the present petitioner who assaulted the deceased indiscriminately on all parts of the body. This version is also supported by the post-mortem examination report which shows that as many as 33 injuries inflicted on the various parts of the body of the deceased which is the root cause for the death of the deceased.
4. Under the above said facts and circumstances, though learned counsel for the petitioner submitted that because of the previous ill- will and enmity, the accused persons have falsely implicated in the present case, at this stage, there is no such material to come to any conclusion that the accused persons have falsely implicated in the present case. Therefore, I am of the opinion that, at this stage, petitioner who is accused No.1 is not entitled to be enlarged on bail. Hence, petition is devoid of merits and accordingly the same is dismissed.
Learned counsel for the petitioner submits that the petitioner is in judicial custody for more than two years. Therefore, I am of the opinion that it is just and necessary to direct the trial Court to expedite the trial and dispose of the case as expeditiously as possible preferably within one year from the date of receipt of copy of this order.
Sd/- JUDGE HJ