DAWOOD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who has been arrayed as accused No.1 in the proceedings in S.C. No. 51/2019 is seeking to be enlarged on bail in light of his detention pursuant to the said proceedings where complaint has been registered under Ss. 143, 147, 120(B), 448, 109, 114, 302, 212 r/w 149 of IPC.

(2.) The case that is made out by the prosecution is that on 13/1/2018, the petitioner and another accused knocked the door of the house of Smt. Afsat and she opened the door enabling entry of the petitioner and another. It is the further case of the prosecution that both the accused enquired about Iliyas and Smt. Afsat mentioned that he was sleeping in the room. It is stated that the accused entered the room of Iliyas and petitioner is stated to have stabbed Iliyas while the other accused was holding the hands of Iliyas and the said Iliyas is stated to have later succumbed to injuries and died. After the completion of investigation, charge sheet has been filed.

(3.) It is submitted that the petitioner is in custody since February, 2018. It is further submitted that accused No.2 has been enlarged on bail as per the order in Crl.P.No. 6705/2018 and that the petitioner is also entitled to be enlarged on bail. It is submitted that this Court by order dtd. 30/7/2020 passed in Crl.P.No.2417/2020 had disposed off the previous petition wherein the petitioner had sought for being enlarged on bail, while observing that the application for bail would be considered after evidence of C.Ws. 2 and 3 who are eye witnesses.