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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 21^ST DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION No.201273/2021

Between:

Chand Peera

S/o Mohammed Gouse Ramali Inamdar

Aged about 46 years

R/at Nisar Maddi

Vijayapura - 586 109

… Petitioner

(By Sri Lakshmikanth G. &

Sri Sunil Kumar S., Advocates)

AND:

State of Karnataka by

Gol-Gumbaz P.S.

Represented by

Ld. State Public Prosecutor

High Court Building Complex

Kalaburagi - 585 103

… Respondent

(By Sri Gururaj V. Hasilkar, HCGP)

This Criminal Petition is filed under Section 439 of

Criminal

Procedure

Code,

praying

to

enlarge

the

petitioner/accused No.1 on bail in Crime No.31/2019 of

Gol-Gumbaz P.S. for offences punishable under Sections

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143, 147, 148, 302 and 102(B) R/w 149 of IPC, now

pending on the file of IV Addl. District and Sessions Judge,

Vijayapura in S.C.No.124/2019 (Crime No.31/2019) on

such terms and conditions.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

This petition is filed under Section 439 of Cr.P.C. by

accused No.1 to enlarge him on bail in Crime No.31/2019

of Gol-Gumbaz Police Station, Vijayapur, charge sheeted

for offences punishable under Sections 143, 147, 148,

302, and 120(B) R/w Section 149 of IPC.

2.

Heard the learned counsel for petitioner and

learned High Court Government Pleader for respondent-

State.

3.

Brief facts of the case are that, on 23.02. 2019

at 4.00 a.m., a police man came and informed the

complainant that her son is lying on the road near the

school building. She immediately went to the spot and

noticed her son lying down with grievous injuries all over

the body. She suspected that some miscreants might have

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caused his death by assaulting him with lethal weapons.

On a complaint lodged by her, a case was registered at

Gol-Gumbaz Police Station in Crime No.31/2019 against

unknown persons.

4.

Learned counsel for petitioner has contended

that charge sheet has been filed against accused Nos.1 to

5 and all the accused except the petitioner herein, have

been enlarged on bail by this Court. He has annexed the

copies of the bail orders passed in respect of accused

Nos.2 to 5. He contends that there are no eyewitnesses to

the incident in question and with regard to recovery of

blood stained cloths and weapons, the same is done at the

instance of accused Nos.1 and 5. He submits that accused

No.5 has been enlarged on bail and therefore contends

that even the petitioner is entitled for the relief on the

ground of parity. He submits that petitioner was arrested

on 07.03.2019 and he is languishing in judicial custody

from the past two and half years. He submits that

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petitioner is ready and willing to abide by any conditions.

Accordingly, seeks to allow the petition.

5.

Learned High Court Government Pleader has

contended that petitioner and other accused persons have

committed the murder of complainant's son by name Abdul

Razak on 23.02.2019 at about 2.00 a.m. and thereafter

thinking that his brother by name Saleem would cause

harm to them, if he comes to know about his brother's

murder, went to his house and assaulted him with deadly

weapons

and

committed

his

murder.

He

therefore

contends that the offence committed by the petitioner is

heinous in nature. He further contends that there are blood

stained clothes and weapons recovered at the instance of

the petitioner. He submits that in view of the nature and

gravity of the offence committed, petitioner is not entitled

for the relief he has sought. Accordingly, seeks to reject

the petition.

6.

Accused Nos.1 to 4 came to be arrested on

07.03.2019

in

connection

with

Crime

No.50/2019

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registered at Gandhichowk Police Station, Vijayapur. In

their

voluntary

statements,

they

confessed

about

commission of the offence in the present case.

7.

As per charge sheet, a