IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.7608 OF 2017 BETWEEN:
AKBAR KHAN S/O MAHAMMED KHAN AGED ABOUT 29 YEARS R/AT NO.272, 13TH CROSS, C BLOCK BEHIND IMAM MASJID RASHAD NAGAR, NAGAVARA BANGALORE NORTH ARABIC COLLEGE BANGALORE – 560 045.
... PETITIONER (BY SRI MOHAMMED TAHIR, ADV.) AND:
STATE BY AVALAHALLY POLICE BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BUILDING BANGALORE – 560 001.
... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.243/2017 OF AVALAHALLY P.S., BENGALURU DISTRICT, FOR THE OFFENCE P/U/S. 307 OF I.P.C., PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner – accused under Section 439 of Cr.P.C., seeking his release on bail of the alleged offence punishable under Section 307 of IPC registered in respondent – Police Station Crime No.243/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner – accused and also the learned HCGP for the respondent – State.
3. Learned counsel appearing for the petitioner made the submission that looking to the prosecution materials, firstly there is delay in lodging the complaint.
It is also his submission that now almost three months is completed, there is no progress in the investigation. It is also his submission that it is the petitioner who himself surrendered before the concerned court, voluntarily. It is also submitted that he will not tamper with any of the prosecution witnesses and he will not flee away from justice. Hence, he submitted by imposing reasonable conditions, the petitioner – accused may be enlarged on bail.
4. Per contra, learned HCGP made the submission that looking to the injury certificate, there are two injuries. Injury No.1 is simple in nature and injury No.2 is grievous in nature and it is on the neck portion which is a vital part of the body. He also submitted that investigation is still going on. Hence, the petitioner is not entitled to be granted with bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and the order of the learned Sessions Judge, Bengaluru Rural District along with the bail application of the present petitioner.
6. Complaint averments goes to show that mother of the injured is the complainant in this case. The son of the complainant told the mother that he will go with his friends on 30.07.2017. Thereafterwards, mother received phone message by somebody that her son sustained injury at the neck and there is a bleeding. Looking to the injuries sustained, there are two injuries. One is simple in nature and other one is grievous and it is on the neck portion, which has been observed by the learned Sessions Judge at paragraph No.9 of the order.
7. It is submitted that investigation is still going on. Therefore, at this stage without giving any comments on the merits of the main case, the petition is disposed of with liberty to the petitioner herein that he can apply to the concerned Sessions Judge immediately after completion of investigation and filing of the final report.
Sd/- JUDGE ca