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Judgment
This petition is filed under Section 439 of Cr.P.C.
The petitioner is the sole accused against whom the
charge sheet is laid for the offence punishable under
Section 302 of IPC.
I have heard the learned counsel for the
petitioner and learned HCGP for the respondent.
The learned HCGP has not filed any written
statement of objection inspite of granting sufficient time.
However, the learned HCGP has opposed the granting of
bail to the petitioner.
The deceased was a physically challenged
person. He was running a mobile phone shop at
Madivala. The accused was frequently visiting the shop
of the deceased and was getting free currency to his
mobile phone. Previous to the incident, the deceased is
stated to have refused to oblige the requirements of the
accused and hence the accused with an ill-intention to
kill the deceased, on 05.03.2016 at about 9.30 pm came
near the shop of the deceased. When the deceased
came out of the shop at about 10.00 pm and was about
to start his three wheeler, the accused all of a sudden
pounced on the deceased and assaulted him with a
knife and stabbed at his chest, both the ribs and also at
his right knee and fled away.
The accused was arrested on 07.03.2016.
On the basis of voluntary statement of the accused, the
chopper used for the commission of the offence is
recovered during the course of investigation. The
prosecution has examined material witnesses. Among
them, CW-13, 14 and 18 are cited as eye witnesses. The circumstance brought on record clearly indicates
that it was a premeditated murder. The manner in
which the accused has materialized his threats by
assaulting the accused and causing his instantaneous
death does not call for the relief of bail to the petitioner
at this stage.
Having regard to the gravity of the charges
and the manner in which the offence has been
committed, if the petitioner is enlarged on bail, there is
likelihood of the petitioner either absconding or
threatening the prosecution witnesses and thereby
prejudicing the case of the prosecution. Hence, the
petition is dismissed.