IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1887 OF 2019 BETWEEN:
1. AFROZ @ GHORU @ APPU S/O MOHAMMED ALI, AGED ABOUT 24 YEARS, R/AT # 715, BEHIND MASJID, AVALAHALLI, ANJANAPURA POST, AMRUTHALLI ROAD, BENGALURU-560062 2. ROOHID KHAN @ ROOHID S/O AYATH KHAN, AGED ABOUT 24 YEARS, R/AT IN FRONT OF MUSTAFA BUILDING, H M MOHALLA, MADINA CHOWK ROAD, CHANNAPATNA RAMANAGARA DIST.
3. AAYAZ AHAMED @ AAYAZ S/O LATE ANWAR, AGED ABOUT 25 YEARS, R/AT MARADMIYA MOHALLA, MADINA CHOWK ROAD,CHANNAPATNA, RAMANAGARA DISTRICT.
(All are in judicial custody) ... PETITIONERS (BY SRI. K RAM SINGH, ADVOCATE) AND 1. STATE OF KARNATAKA JAYANAGARA POLICE STATION, BENGALURU REP BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU-560001 ... RESPONDENT (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SP.P.P.) THIS CRL.PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.307/2016 (S.C.NO.503/2017) OF JAYANAGAR POLICE STATION, BANGALORE FOR THE OFENCE P/U/S 302,307,120B,114,143, 144,147,148 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioners and learned Addl.
S.P.P. for respondent-State. Perused the material on record.
2. As against accused No.3, this is the third bail petition and as against accused No.4 this is the 4th bail petition filed under Section 439 of Cr.P.C.
As against petitioner No.3/accused No.5, petition was dismissed as withdrawn by order of this Court dated 05.8.2019.
3. Petitioners seek bail on the ground of parity, as accused No.6, who is facing similar accusation has been enlarged on bail by order of this Court in Crl.P.No.326/2019 dated 10.06.2019.
4. The case of the prosecution is that on account of rivalry between accused No.1 and deceased, on 13.11.2016 accused Nos.2 to 10 formed into an unlawful assembly in furtherance of their conspiracy to cause death of the deceased and accused nos. 1 to 6 assaulted the deceased with longs and knives causing his instantaneous death. Post Mortem report corresponds to the injury attributed to the petitioners herein. However, as per the opinion of the medical officer, who conducted the post mortem examination, the death was caused due to shock and hemorrhage as a result of multiple injuries.
5. Thus insofar as the overt act attributed to the present petitioners is concerned, in view of the above material, petitioners also stand at par with accused No.6. Since accused No.6 has been enlarged on bail by this Court vide order dated 10.6.2019 in Crl.P.No.326/2019, on the ground of parity, this petition also deserves to be allowed. That apart, investigation is completed and matter is at the trial stage and solely as punishment custody of the petitioners cannot be extended.
6. Taking into consideration all the above facts and circumstances, petition is allowed. Petitioners No.1 and 2 (accused Nos. 3 and 4) are ordered to be released on bail for the offences punishable under Sections 302, 307, 120-B, 114, 143, 144, 147 and 148 R/w section 149 of IPC in Cr.No.307/206 of the respondent – Jayanagar police Station, Bengaluru, pending on the file of the LXII Additional City Civil and Sessions Judge (CCH-63), subject to the following conditions:
i) The petitioners No.1 and 2 shall execute self bonds in a sum of Rs.2,00,000/- (Rupees two lakhs only) each with two sureties for the likesum to the satisfaction of the concerned Court. The sureties shall produce their Aadhar Card/Identity Card and the original title deed pertaining to their immovable property for perusal of the Court. The sureties shall not have the history of offering surety to the accused persons of any other criminal case.
ii) They shall attend the Court on all hearing dates regularly and punctually.
iii) They shall not tamper the prosecution witnesses.
iv) They shall not indulge in any criminal activities.
v) They shall not leave the jurisdiction without prior permission of the trial court.
Sd/- JUDGE psg*