IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 4730 OF 2019 ALONG WITH CRIMINAL PETITION NO. 4830 OF 2019 IN CRL.P. NO.4730/2019 BETWEEN:
ILIYAS @ ILLU S/O MUKTIYAR AGED 36 YEARS R/AT HONNAGANAHATTI VILLAGE TAVAREKERE HOBLI MAGADI MAIN ROAD BENGALURU NORTH TALUK BENGALURU - 560045.
(BY SRI PRADEEP C .S, ADVOCATE) AND THE STATE OF KARNATAKA BY SHIVAJINAGAR POLICE REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE – 560 001.
... PETITIONER ... RESPONDENT (BY SRI K. P. YOGANNA, HCGP FOR RESPONDENT/STATE) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 183/2018 OF SHIVAJINAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 143, 147, 148, 302, 120-B R/W SEC.149 OF IPC.
IN CRL.P. NO.4830/2019 BETWEEN:
SHEIK MOHAMMED SAMI @ SAMI S/O SHEIK MOHMMED SHAFI AGED 31 YEARS R/AT 17TH CROSS BYRAPPA LAYOUT GOVINDAPURA MAIN ROAD AREBIK COLLEGE POST K.G. HALLI POST, K.G. HALLI BENGALURU - 560045.
(BY SRI PRADEEP C .S, ADVOCATE) AND THE STATE OF KARNATAKA BY SHIVAJINAGAR POLICE REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE – 560 001.
... PETITIONER ... RESPONDENT (BY SRI K. P. YOGANNA, HCGP FOR RESPONDENT/STATE) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 183/2018 OF SHIVAJINAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 143, 147, 148, 302, 120-B R/W SEC.149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Crl.P.No.4730/2019 is filed by Accused No.2 and Crl.P.No.4830/2019 is filed by Accused No.4 respectively, in connection with Crime No.183/2018 which later culminated into C.C.No.52131/2019 on the file of 43rd ACMM, Mayohall, Bengaluru.
2. The brief facts of the case on hand is that there were differences between deceased Syed Irfan and Accused No.1 with reference to some financial transaction and also that said Syed Irfan was also waiting for an opportunity to quarrel with accused persons. In this context, Accused No.1 with the help of Accused No.5 wanted to do away with the life of deceased Syed Irfan. It is alleged that Accused No.1 has contacted Accused Nos.2, 3, 4, 6 and 7 and hatched a conspiracy with them. Accordingly, on 19.11.2018 at about 12.00 in the night when the deceased was sitting alone on his Honda Dio two wheeler at No.24, S.K.Pharmaceutical and Surgical Shop in front of KLS Doll Stores, at that time, Accused No.2 with his Honda Unicorn bike, Accused No.4 with a Suzuki Access motor cycle and Accused No.7 with another two wheeler kept their respective motor cycles on driving mode and other accused persons including this petitioner were watching the surrounding. Taking advantage of this situation, it is alleged that Accused Nos.1, 3 and 6 had gone to the place where Syed Irfan was sitting and assaulted him with choppers on his head and other parts of the body and caused severe injuries due to which he succumbed to the injuries. Accused Nos. 4 and 5 were not shown in the charge sheet as the participants in the commission of the said offence, but it is only stated that they were watching the surrounding so as to enable Accused Nos.1, 3 and 6 to commit the offence. The entire case appears to be based on circumstantial evidence.
3. Looking to the role adverted to the petitioners/Accused Nos.2 and 4 and as rightly contended by the learned counsel for the petitioners that Accused No.5 who is similarly placed has already been released on bail, under the above said facts and circumstances, in my opinion, the petitioners herein are also entitled to be enlarged on bail under Section 439 of Cr.P.C. Hence, the following:
ORDER The petitions are allowed. Consequently, petitioners/Accused Nos.2 and 4 shall be released on bail in connection with Crime No.183/2018 of Shivajinagar Police Station, registered for the offences punishable under Sections 143, 147, 148, 302, 120B, 109 read with Section 149 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in 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 DKB