SADIK KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioners/accused Nos.1 and 3 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in respect of Crime No.20/2021 of Electronic City Police Station, Bengaluru for the offence punishable under Ss. 341, 323, 143, 144, 148, 302 r/w sec. 149 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short) pending in SC.No.160/2021 on the file of IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru.

(2.) Heard the arguments of learned counsel for petitioner and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that one Akram Pasha, brother of deceased Syed Afzal has filed complaint to the Police on 1/2/2021 alleging that when complainant was at Mahalakshmipura, he received information from his brother Syed Irfan about the assault on his another brother Syed Afzal by unknown persons. Complainant rushed to the spot and on enquiry with his brother by name Irfan who is eye witness to the incident. He told that accused persons committed murder of the deceased. After filing complaint, during investigation police arrested the petitioners/accused on 4/1/2021 and remanded to judicial custody. Petitioners approached IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru and the same came to be rejected. Hence, petitioners/accused approached this court seeking bail in Crl.P.No.7440/2021 dtd. 12/11/2021 and the same came to be rejected. Now, petitioners are before this Court on the changed circumstances.