IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8090/2019 BETWEEN ABDUL JABBAR @ JABBAR MARIPALLA S/O. ABDUL KHADAR AGED 44 YEARS R/AT. 2-746/6A SUJEER BAIGUDDE PUDU VILLAGE BANTWAL TALUK D.K.DISTRICT – 574 222 ... PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND THE STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION D.K. DISTRICT REP. BY S.P.P HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.212/2017 OF MANGALURU RURAL POLICE STATION, D.K., MANGALURU FOR THE OFFENCE P/U/Ss.143, 147, 148, 120-B, 109, 341, 326, 307 R/W 149 IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. A person by name Mohammed Faizal lodged a complaint on 25.09.2019 stating that, Accused Nos.1 to 10 have attempted to commit murder of one Appi @ Hafeez, when the complainant was proceeding on his Honda Activa Scooter along with the said Appi @ Hafeez near Maripalli, by dashing their car from back side to the scooter of the complainant, due to which, the complainant and the said Hafeez fell down and thereafter, Accused Nos. 1 to 10, who were holding deadly weapons like Talwars in their hands, attempted to assault Hafeez. Somehow, Hafeez and complainant escaped and started running away from the spot. In spite of that, the accused persons have chased them and assaulted the complainant and Hafeez and caused injuries to them.
3. The role of Accused Nos.11, 12 and 13 are that, though they were not in the place of incident, they were also hatched conspiracy with Accused Nos. 1 to 10 in order to assault the injured Hafeez and the complainant and if possible, to eliminate them.
4. After the charge sheet is submitted to the Court, it appears the petitioner approached the court with an application for grant of anticipatory bail. But, the court rejected that application. On rejection of his application for bail, he surrendered before the Court and sought for bail under Section 439 of Cr.PC., which also came to be rejected by the trial Court on the ground that he himself was not made available to the police during course of investigation.
5. As could be seen from the entire records, the name of this petitioner has been incorporated in the charge sheet and there is no incriminating material to show that the police have made any efforts to arrest this petitioner during the course of investigation.
6. In the above said circumstances, the order sheet of the court below discloses that, all other accused persons viz., 1 to 10 and 12 have already been released on bail on different dates. In the above circumstances, in my opinion, this petitioner (A11), who was not present at the spot at the time of the incident, is also entitled to be enlarged on bail with some stringent conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A11) –Abdul Jabbar @ Jabbar Maipalla shall be released on bail in connection with Crime No.212/2017 of Respondent-Mangaluru Rural Police Station, Mangaluru City, for the aforesaid offences, now pending on the file of III JMFC Court, Mangaluru, D.K., subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE