Bail application by an accused charged with murdering a man who objected to his pestering the deceased's minor daughter. The court found a fatal knife blow to the neck, recovered weapon, and eyewitnesses established a prima facie case, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 291 OF 2024
BETWEEN:
MOHAMMED ZAID S/O. SHAIK AZEEZ, AGED ABOUT 22 YEARS, RESIDING AT NO. 275, 9TH CROSS, LAXMI ROAD, SHANTHINAGAR, BENGALURU-560027.
…PETITIONER
(BY SRI. MAUSHAD PASHA.,ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
STATE BY ASHOKNAGAR POLICE STATION, BENGALURU-560 050. (BY SRI. K NAGESHWARAPPA.,HCGP)
…RESPONDENT
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.310/2023 OF ASHOKNAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S.307, 504, 302 OF IPC PENDING ON THE FILE OF THE 29th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.61142/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:4338 CRL.P No. 291 of 2024
ORDER
This petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No.310/2023 of Ashoknagar Police Station registered for the offence punishable under Section 302 of IPC.
brother-in-law of the deceased, Anwar Hussain. It is the case of the prosecution that the petitioner/accused was pestering the minor daughter of the deceased, aged about 16 years to love him. The deceased and his family members had requested the father of the accused to advise his son. In-spite of that, the accused was pestering the minor daughter of the deceased to love him. On 02.09.2023, at about 09:00 p.m., the first informant, deceased and others went near the house of the accused and complained against the accused to his brotherMohammed Bilal. Immediately, the accused, who was on the third floor of the building came down holding a knife and tried to stab one Mohammed Rizwan. When he escaped, he tried to
stab one Mohammed Azar and when he too escaped, he stabbed the deceased, Anwar Hussain on the left side of his neck and ran away from the spot. The injured Anwar Hussain was shifted to one Vydehi hospital. However, he succumbed to the injuries at about 11:00 pm.
other hand has opposed the prayer seeking bail contending that
NC: 2024:KHC:4338 CRL.P No. 291 of 2024
the petitioner with an intention to commit the murder, came to the spot with a knife and stabbed the deceased on his vital part of his body. He contends that CW.1 to CW.7 are the eye witnesses and at the instance of the petitioner, blood stained knife and cloths are recovered and therefore, there is a primafacie against him. He contends that if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses by threatening them not to give evidence before the Court. He has therefore, sought to dismiss the petition.
NC: 2024:KHC:4338 CRL.P No. 291 of 2024
the part of the petitioner to take away the life of the deceased. The petitioner has given a fatal blow with a knife on the vital part of the body of the deceased. The blood stained knife and clothes have been recovered at his instance. There are eye witnesses to the incident. Hence, there is a prima-facie case against the petitioner.
not a fit case to enlarge the petitioner on bail.
Sd/JUDGE
LDC List No.: 1 Sl No.: 52
1 issue framed by the court
Whether the petitioner accused of fatally stabbing the deceased should be enlarged on regular bail under Section 439 Cr.P.C. given prima facie evidence of intention and eyewitnesses.
3 provisions across 2 enactments
Mohammed Zaid
State by Ashoknagar Police Station, Bengaluru
Mohammad Nawaz
As recorded by the court registry
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