IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3259 OF 2019 BETWEEN:
Taju @ Tajuddin, @ Hasan Tajuddin, S/o K.Mohammed, Aged about 24 years, R/at No.18-19-30, Infront of the shop of Shobha, Edrubottu, Dharmanagara, Ullal, Mangaluru, D.K.District-575 396. ... Petitioner (By Sri.B.Lethif, Advocate) AND:
The State of Karnataka, Ullal Police Station, D.K.District, Rep. by SPP., High Court Building, Bangalore-560 001. ...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 P.S., Mangalore City for the offences punishable under Sections 120B, 107,109,326,302 read with 34 of IPC and Section 4, 24 of Arms Act.
This criminal petition, coming on for orders, this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.3 in Crime No.469/2017 on the file of the respondent Police. It appears, after the charge-sheet is filed and after committal, sessions case has been registered in S.C.No.77/2018 on the file of the III Additional District and Sessions Judge, Mangaluru.
3. The brief facts on hand is that on 04.10.2017 at about 6.00 p.m. accused Nos. 1, 5 and 6 gathered near Mukkacheri Gudde and conspired to commit murder of one Jubair. The accused No.7 also joined the abovesaid accused Nos. 1, 5 and 6 and they were all holding deadly weapons and on the same day, at about 7.55 p.m. near Masjid at Mukkacheri in Ullal Village, Mangaluru Taluk when deceased Jubair was talking with CW2, accused persons have mercilessly assaulted him with longs and choppers. They also assaulted CW2, who sustained severe injuries to his hand. Subsequently, the said Jubair succumbed to the injuries.
4. On careful perusal of the entire materials on record, though there are some discrepancies in the statement of the witnesses, the injured eyewitness CW2 Iliyas has categorically stated about the presence of the petitioner who was holding deadly weapons along with other accused and he also assaulted the deceased with chopper and thereafter he threw the said chopper and the same was taken by another accused Nijamuddin and assaulted the deceased Jubair. The other eyewitnesses have also implicated the accused as one of the assailants.
5. Though the learned counsel tried to convince this Court that a case was first registered against only accused No.1 and thereafter the other accused persons named have been incorporated, but as could be seen from the First Information Report, the name of accused No.1 was stated along with other five persons were assaulted the deceased which has been clarified by CW2 the injured eyewitness at the time when his statement was recorded on the very next day, i.e, on 05.10.2017. The eyewitnesses’ version is fully corroborated by the postmortem examination report which shows that the deceased has sustained as many as 33 injuries on various parts of the body.
6. Therefore, under the above-said facts and circumstances of the case, and in the light of the above said observations, it is not a fit case to enlarge the petitioner on bail. Hence, the petition is devoid of merits and the same is liable to be dismissed.
Accordingly, the petition is dismissed.
Sd/- JUDGE Cm/-