On the basis of a complaint lodged by Sri Moiuddinpasha alleging that his son-in-law Sri Syed Faizuddin was murdered on 08.11.2014, criminal law was set in motion and Crime No.301/2014 came to be registered by Gandhi Chowk Police Station, Vijayapura against Mohd. Asif and eight others for the offence punishable under Sections 143, 147, 148, 302, 323, 120B, 109, 504, 506 r/w 149 IPC and under Section 27 of Indian Arms Act.

2. On conclusion of investigation, charge sheet came to be filed against 23 persons for aforestated offences in S.C.No.44/2015 which is pending on the file of Sessions Judge, Vijayapura. Petitioner has been arraigned as accused No.19 and he is in custody from 19.12.2014.

3. Petitioner had approached this Court for being enlarged on bail in Criminal Petition No.200427/2015 which came to be dismissed by order dated 27.04.2015-Annexure-E on the ground of parity namely, on the ground that petitioner’s role is similar to the role of accused Nos.17 and 18 and this Court had already taken a view that accused No.17 & 18 persons were also present at the spot and they had indulged in similar acts as that of petitioner and their prayer for grant of bail had been rejected. Thereafter, fresh application came to be filed by the petitioner along with accused Nos.9, 18 and 20 seeking grant of regular bail under Section 439 of Cr.P.C., before District and Sessions Judge, Vijayapura. Said bail petition came to be considered by the Sessions Judge and it was allowed in part namely, bail came to be granted to accused No.9 and application filed by accused Nos.18, 19 and 20 came to be rejected by order dated 21.11.2015 – Annexure-C. Hence, petitioner – Accused No.19 has filed this petition for grant of bail.

4. I have heard the arguments of Sri K. Diwakara and Sri Srinath Kulkarni, learned Advocates appearing for petitioner and Sri Sheshadri Jaishankar M., learned High Court Government Pleader appearing for respondent-State. Perused the records.

5. Sri R.S. Lagali, learned Advocate has filed I.A.No.1/2016 seeking permission of Court to assist learned Additional State Public Prosecutor. Said application is allowed and he is permitted to assist the learned High Court Government Pleader. Accordingly, he has assisted learned High Court Government Pleader.

6. Facts on hand would indicate that it relates to murder of a person by name Mr. Syed Fayazuddin on the night of 07.11.2014 at about 11.20 p.m. near Datri Masjid, Vijayapura. Complainant is Moinddinpasha Murtuzsab Mushirf of Haveli Galli who is none other than father-in-law of deceased-Syed Fayazuddin. He lodged a report stating that he is a resident of Haveli Galli, Vijayapura (Bijapur) and his grandson Moin Anees S/o Anees Shaikh had contested for the post of President of Bijapur Youth Congress in the Election held during 2011 against accused No.1 and in the said election, accused No.1 as a rival candidate and during said elections, said accused No.1 and his friends had picked up a quarrel with said Moin Anees and had given life threat and he had fired from his pistol at Moin Anees and he had escaped at that time. In that regard, complainant’s son-in-law i.e., deceased Syed Fayazuddin had lodged a complaint against accused No.1 and his associates before Golgumbaz Police Station. It was alleged that on account of such complaint having been lodged, accused No.1 had developed animosity and was grinding axe against deceased-Syed Fayazuddin and had threatened that he would get him murdered by hiring contract killers of Indi, Sindagi and Almel.

7. It was further alleged in the complaint that on 07.11.2014 at about 11.20 p.m., after completing prayer, complainant was standing with Mudassar Abdul, Althaf, Fiaz Ahmed, Aiyazuddin, Kashif, Sammed Kureshi and others near the house of one Mr. Bhandari in front of Datri Mosque at Vijayapura and at that point of time, son-in-law of complainant i.e., deceased Syed Fayazuddin came on his Honda Activa motorcycle and was talking to his friends and a