IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10034/2017 BETWEEN:
ABOOBAKKAR S/O ADAM BEARY AGED ABOUT 42 YEARS R/AT: GADIYARA HOUSE KEDILA VILLAGE PERAMOGARU POST BANTWALA TALUK DK DISTRICT-575003 (BY SRI LETHIF.B, ADV.) AND:
THE STATE OF KARNATAKA BY PUTTUR TOWN POLICE DAKSHINA KANNADA DISTRICT REP. BY SPP HIGH COURT BUILDING BANGALORE-560001 ... PETITIONER ... RESPONDENT (BY SRI.K.NAGESHWARAPPA, HCGP) THIS CRL.P. IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.183/2017 OF PUTTUR TOWN POLICE STATION, DAKSHINA KANNADA DISTRICT FOR THE OFFENCE P/U/S 379, 353, 307 R/W 34 OF IPC.
THIS PETITION COMING FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER A criminal case was registered against the petitioner in Cr.No.183/2017 for the offence punishable under Sections 353, 307, 379 r/w 34 of IPC and Section 11 of Prevention of Cruelty to animals Act, 1960 by Puttur Town Police Station.
2. It is the case of the prosecution that on 16.11.2017 at about 3.00 a.m. when the complaint is on patrolling duty had received a credible information that some unknown persons were illegally transporting the cattle. Immediately, the complainant and his staff went to the spot found that the accused persons were loading the cattle’s to the Bolero Vehicle and they surrounded the accused persons. Hence, a criminal case came to be registered against the accused persons for the aforesaid offence.
3. Learned counsel for the petitioner would submit that the petitioner is in judicial custody since from 17.11.2017 and the wife of the deceased is said to blind and daughter is mentally retarded. Hence, he prays to allow the petition.
4. Learned High Court Government Pleader opposes to grant bail.
5. In the circumstances, I am of the serious view that no prejudice would be caused to the prosecution if the petition is allowed. Hence, it is just and proper to grant the relief of bail to the petitioner.
6. Accordingly, the petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.183/2017 registered by Puttur Town Police Station, subject to the following conditions;
i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety owning and possessing immovable properties for the likesum.
ii) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner-accused shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner-accused shall mark his attendance before the Investigating Officer on every second Saturday between 9.00 p.m. and 10.00 p.m. till completion of the evidence witnesses.
v) In case, the petitioner involves in any other criminal activities, the relief granted in this application stands automatically terminated and the petitioner be re- arrested.
Sd/- JUDGE VM