IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4845/2019 BETWEEN:
ABDUL HASHAM S/O SHABBIR AGED ABOUT 25 YEARS No.39/11, 11TH MAIN, 9TH CROSS, ARFATH NAGAR, PADRAYANAPURA BANGALORE-560 026.
... PETITIONER (BY SRI MOHAMED UMMAR FAROOQ, ADVOCATE) AND:
STATE BY KENGERI POLICE STATION REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01.
... RESPONDENT (BY SRI K P YOGANNA, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.431/2018 (S.C.No.519/2019) OF KENGERI P.S., BENGALURU FOR THE OFFENCE P/U/S 302,201 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard and perused the records.
2. The petitioner is arraigned as accused No.6 in S.C.No.519/2019 (Cr.No.431/2018) of Kengeri Police Station, which culminated in filing the charge sheet against as many as eight accused persons.
3. The brief facts of the case are that, the father of the complainant, deceased – Ramesh Kumar was doing Plastic Chair business. On 28.11.2018, deceased-Ramesh Kumar left home at about 3.30 PM in his two wheeler to collect the rent from the tenant and he did not return home. Hence, complainant has lodged a missing complaint. On the very same day, he received information from Kengeri Police that they have recovered a dead body lying in drainage at Dabaspalya. Immediately, complainant went to the place and identified the dead body as of his father. On the basis of the complaint lodged by the complainant, a case has been registered.
4. Accused No.1 who alleged to be a master mind in the said crime was arrested. In fact, he disclosed the names of other accused persons. This case is purely based on circumstantial evidence. It appears that based on voluntary statement of accused No.1, the petitioner’s name has been implicated in the crime. Petitioner-accused No.6 virtually stands on the same footing as that of accused No.5, who has already enlarged on bail by this Court in Crl.P.No.2090/2019 on 30.07.2019. Therefore, this petitioner is also entitled for grant of bail on the ground of parity on the same conditions imposed on accused No.5. Hence, the following:
ORDER Accordingly, petition is allowed. Petitioner is enlarged on bail in connection with S.C.No.519/2019 on the file of LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH-67) (Cr.No.431/2018) for the offence punishable under Sections 302 and 201 read with Section 34 of IPC subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court;
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall mark his attendance before the jurisdictional police on 1st of every month between 10.00 am and 5.00 pm till the trial is concluded.
iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission.
Sd/- JUDGE TL