This bail petition is filed by the petitioner/accused

No.1 in Crime No.40/2021 of Roza P.S., Kalaburagi for

the offences punishable under Sections 143, 147, 148,

302, 504, 506 r/w Section 149 of IPC, 1860. The

petitioner is in judicial custody since from the date of

his arrest. Therefore, the counsel seeking for regular

bail among the grounds urged in the petition.

2.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

State and perused the material available on record.

3.

Whereas, the counsel in this matter has

taken me through the role of the accused and so also

the motive factor in respect of commission of offence as

narrated in the complaint. It is contended that eight

days prior to the date of incident, there was quarrel took

place in between the accused persons and the

deceased-Mohd. Zeeshan as he was teasing the girls of

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their locality. But, the respondent-Police having been

registered the crime against the accused have not

recorded the statement of the girls with whom the

deceased said to have causing some harassment by

means of teasing. However, the complaint has been

registered against the accused by setting up a theory

just to give harassment to them. The petitioner by

avocation as a Plumber did not participate in the

commission of alleged offences, but he has been

apprehended by the police and he is in judicial custody

since from the date of his arrest. During the course of

investigation, the investigating officer has recorded the

statement of witnesses and so also secured the

materials inclusive of recording of statements of C.Ws. 8

to 10 and these witnesses have not specifically stated in

their statements even relating to assault made by this

accused upon the deceased. He further contended that

even looking into the materials which collected by

investigating officer and the role of each one of the

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accused and even specific role of this petitioner who is

arrayed as accused No.1 there is no prima facie material

to show the commission of offence by this accused and

resultant of murder of the deceased. It is further

contended that during the course of the investigation,

nothing has been recovered from his possession or even

at his instance the panchanama has been conducted by

the investigating officer during the course of the

investigation. Though the post-mortem report issued by

the doctor shows infliction of injuries Nos.1 to 8 with

sharp edge weapon, but the sharp edge weapon like

knife as alleged by the prosecution used by accused is

not at all recovered by the investigating officer during

the course of investigation. These are all the contentions

has been made by the learned counsel for the petitioner

and seeking for bail and even on the ground that the

accused is an innocent person and more so he is ready

to abide by any terms and conditions that may be

imposed by this Court while granting bail to him.

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4.

Per contra, learned High Court Government

Pleader for the State has taken me through the role

made by each one of the accused relating to commission

of offence and also the murder of deceased-Mohd.

Zeeshan, who is the brother of the complainant. The

incident was taken place on 20.04.2021 at about 10.30

p.m., while the deceased was proceeding on the public

road infront of one Sana Hotel, for offering prayer, on

account of Rzmzan festival. But, eight days earlier to

the incident a dispute arose between accused and the

deceased for having eve teasing with the girls in the

locality and therefore, there was some enmity developed

in between the accused and the deceased and therefore

this accused attacked the deceased with deadly

weapons and assaulted with iron rod and also with

screw driver on his stomach for causing injuries.

Accused No.1 stabbed with knife on his back, then the

deceased-Mohd. Zeeshan fell on the ground, by that

time accused No.2 assaulted with means of iron road on

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his head and accused No.3 stabbed with screw driver on

his stom