IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7269/2017 BETWEEN:
ABDUL WAHAB S/O MOHAMMED AGED ABOUT 32 YEARS R/AT: 2/31, VIDYANAGAR KULAI VILLAGE, MANGALURU TALUK DAKSHINA KANNADA DISTRICT – 575 211. …PETITIONER (BY SRI LETHIF B., ADV.) AND:
THE STATE OF KARNATAKA BY SURATHKAL POLICE STATION REP. BY THE S.P.P.
HIGH COURT BUILDING BANGALORE – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.30/2014 (S.C.NO.123/2017) OF SURATHKAL P.S., MANGALORE CITY FOR THE OFFENCES P/U/S 448, 323, 326, 307, 120B R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner is charge sheeted by the respondent-police in their Cr.No.30/14 in respect of the offences under sections 448, 323, 326, 307, 120-B r/w section 34 of IPC. Since he was absconding, split up charge sheet was filed against him and the main case was proceeded against accused Nos.1, 3 to 5 and as per the submission at the bar, the main case S.C.No.27/2015 ended up in acquittal by the Prl. District & Sessions Judge, Mangaluru.
3. It is the submission of the learned counsel for the petitioner, the petitioner was not served with court summons, thus he did not appear before the court on the hearing date. Now he was arrested at Bombay and produced before the Court on 9.7.2017. Except the present case, he is not involved in any other criminal case. He undertakes to attend the court regularly on all the hearing dates.
4. As per the submission of the learned Government Pleader, the main case has ended up in acquittal of the accused persons from all the charges.
5. Having regard to the undertaking given on behalf of the petitioner, the petition is allowed. Petitioner is enlarged on bail in Crime No.30/2014 of respondent- police, subject to the following conditions:
(i) He shall surrender his passport and execute a self bond for a sum of Rs.1,00,000/- with two local sureties owning property within the sessions jurisdiction of the Court.
The sureties of the accused shall furnish their Identity card and Aadhar card. They shall also furnish original title deeds of their properties for the perusal of the Court. They shall not have the antecedents of offering surety in criminal cases.
(ii) He shall attend the court regularly on all hearing dates.
(iii) He shall mark his attendance on every Tuesday during office hours before the SHO of the respondent-police station till disposal of the case.
(iv) He shall not indulge in illegal activities.
In view of the disposal of the main petition, I.A.1/17 does not survive for consideration and the same stands disposed of.
Dvr:
Sd/- JUDGE