IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 9641 OF 2018 BETWEEN Azar Pasha S/o. Aslam Pasha Aged about 23 years Residing at Near S.A. Function Hall Mahalakshmi Lay-out Kolar-563 101. ... Petitioner (By Sri. Veeranna G. Tigadi, Advocate) AND State of Karnataka by:
Sub-Inspector of Police Town Police Station Kolar-563 101.
represented by State Public Prosecutor, High Court of Karnataka, Bangalore. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.104/2017 (S.C.No.131/2017) of Kolar Town Police Station, Kolar District for the offences punishable under Sections 448, 323, 324, 307,302 read with 34 of IPC.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER This petition is filed under Section 439 of Cr.P.C. for granting regular bail.
2. The petitioner was accused No.2 in Crime No.104/2017 (S.C.No.131/2017) on the file of II Additional Sessions Judge, Kolar for the offences punishable under Sections 143, 147, 148, 448, 302, 307, 323 and 324 r/w Section 149 of IPC. This petition is a successive petition as the earlier petition filed by the petitioner came to be dismissed on 11.4.2018 with a liberty to move the application after the examination of all the eye witnesses. Now, on fresh ground, filed this petition. All the eye witnesses are examined by the trial Court, but they have not supported the case. Therefore, the trial is still going on and not yet completed. The trial Court needs some more time to conclude the trial, the learned counsel for the petitioner prays for allowing the petition.
3. Per contra, the learned HCGP for the respondent contended that the trial Court has to examine still some more eye witnesses. Therefore, he prays for dismissal of the petition.
4. Upon hearing both the learned counsel, though the earlier petition was dismissed by this Court vide order dated 11.4.2018, but now the learned counsel for the petitioner produces deposition of eye witnesses namely, PW.1, PW.2, PW.3, PW.4 and PW.5. PW.5- wife of the deceased has turned hostile and not supported the case of prosecution.
5. Considering these facts, without expressing any opinion on the merits of the case, the petitioner made out the ground to enlarge him on bail. Accordingly, the petition is allowed. Petitioner/accused No.2- Azar Pasha is ordered to be released on bail subject to the following conditions:-
a) Petitioner/accused No.2 shall be released on bail on executing a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety, for the likesum to the satisfaction of the trial Court.
b) Petitioner/accused No.2 shall not tamper or attempt to tamper any of the prosecution witnesses.
c) Petitioner/accused No.2 shall not indulge in any similar case.
d) Petitioner/accused No.2 shall appear before the Court on date of hearing without fail.
SD/-
JUDGE SSD