IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4040/2019 BETWEEN:
1. AKBAR SHARIEFF, S/O.REHMAN SHARIEFF, AGED ABOUT 52 YEARS, OCC:DRIVER.
2. YASEEN SHARIEFF, S/O.AKBAR SHARIEFF, AGED ABOUT 20 YEARS, OCC:DRIVER.
3. MOHSIN SHARIEFF, S/O.AKBAR SHARIEFF, AGED ABOUT 19 YEARS, OCC:WELDER.
SL.NOS. 1 TO 3 ARE R/AT NO.425, SUNDAKOPPA COLONY MAIN ROAD, DASANPURA HOBLI, BANGALORE SOUTH TALUK, BANGALORE-562162. ... PETITIONERS (BY SRI.ANEES ALI KHAN, ADVOCATE) AND:
STATE BY K.G.HALLI P.S., BANGALORE-560045.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU-560001. ... RESPONDENTS (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.167/2019 OF KADUGONDANA HALLI P.S., BENGALURU FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC AND SECTION 3 AND 25 OF ARMS ACT.
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 HCGP for respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.3 to 5 in Cr.No.167/2019 for the offences punishable under Section 307 r/w Section 34 of IPC and Sections 3 & 25 of the Indian Arms Act.
3. The brief allegations made against the petitioners and other accused persons are that the complainant by name Fazil Ahmed on 03.05.2019 received a phone call from one Syed Zubair, who informed that a person by name Mohammed Nayeem known to him has been arrested by the K.G.Halli police and wanted the complainant to file Vakalath for him and in this regard, the complainant Syed Zubair met at a Bakery near HBR Police Chowki. When the complainant and Syed Zubair were standing and discussing about the case, at about 9.30. p.m., a Motor cycle came from eastern side going towards western side, stopped there and both persons, who were on the motor cycle had covered their faces with cloth and the pillion rider fired with pistol four times at Syed Zubair and fled away from the place. It is alleged that petitioners had given shelter to the said motor cyclists in the house for some time, except that there is no allegations against the petitioners.
4. Under the above said circumstances, whether petitioners have knowing fully well that accused nos. 1 and 2 committed such an offence giving shelter to them and whether there was any conspiracy or common intention among themselves have to be thrashed out during the course of full dressed trial. Under the above said circumstances, the petitioners are entitled to be enlarged on bail, particularly as they are in custody since 11.5.2019. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No. 167/2019 of K.G.Halli Police Station registered against them pending in Crl.Misc.No.25535/2019 on the file of the XI ACMM, Mayohall, Bengaluru, for the offences punishable under Section 307 r/w Section 34 of IPC and Sections 3 & 25 of the Arms Act, subject to the following conditions:
(i) The petitioners shall execute personal bonds for a sum of Rs 1,00,000/-(Rupees one lakh only) each with one surety for the like- sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in hampering investigation or tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/- JUDGE Psg*