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Judgment
This petition is filed seeking bail in Crime No. 329/2010 of Hennur Police Station registered on 12.09.2010 for the offences under Sections 302 r/w. Section 34 IPC. After conducting investigation, the police have filed charge sheet for the offences under Sections 143, 147, 148, 341, 323, 302, 120B IPC r/w. Section 149 IPC.
It is the east: of The complainant one Nasir Ahmed that on 12.09.2010 at about 6.15 p.m.. when the deceased Afsar was going along with Syed Sadiq near the Ashwatha tree by the side of Anjaneya temple at Thanisandra Main Road, one Sharfuddin, Rashid. Gidda Rafiq and others came and stopped the autorickshaw in which Afzar and Syed Sadiq were travelling. Thereafter, the said persons assaulted Afzar by means of weapons and caused injuries on his neck, chest and other parts of the body. Afzar fell down on the ground and he was profusely bleeding and thereafter, said persons went away. The deceased was thereafter taken to the hospital. It is stated in the complaint that the accused had assaulted Afsal due to the financial transactions between them.
Heard Sri Sagar, learned Counsel for the petitioner and Sri Vijaya Kumar Majage. learned HCGP for the respondent State
Learned Counsel for the petitioner submits that the complaint does not. disclose the name of the petitioner and hence he prays for allowing the petition.
Learned HCGP opposes the application for bail and submits that at the very outset, Syed Sadiq was present with the deceased. Apart from him. the incident has been witnessed by two eyewitnesses and among them, Atha Ullah is an independent witness. Both of them have specifically identified the petitioner as the person who has held the hands of the deceased. The statement of Asmal is also to the same effect. Hence, no prays that the petition may be dismissed.
I have gone through the materials on record. 1 find that the petitioner has actively participated in the murder of the deceased Afzar. The question of non mention of the name of the petitioner in the FIR has to be urged during trial and at this stage, there is prima facie ease against the petitioner for having committed an offence punishable with death or imprisonment for life. Hence, the petitioner is not entitled for bail. Accordingly, the petition is dismissed.