IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7876/2019 BETWEEN:
IQBAL @ MOULANA SHARIFF, S/O. MAHABOOB SHARIFF, AGED ABOUT 36 YEARS, R/AT NO.132/A, 2ND CROSS, VIJINAPURA, BENGALURU-560 052. ... PETITIONER [BY SRI. PRATHAPA R., ADVOCATE] AND:
STATE OF KARNATAKA, BY CANTONMENT RAILWAY POLICE STATION, BENGALURU-560 001.
REP. BY SPP., HIGH COURT BUILIDNG, BENGALURU-01 ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.60/2019 OF BENGALURU CANTONMENT RAILWAY P.S., KARNATAKA RAILWAY, FOR THE OFFENCE P/U/S 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.4 in Crime No.60/2019 of Cantonment Railway P.S., Bengaluru for the offence under Section 306 of IPC on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru City.
3. The brief facts of the case are that;
The dead body of the father of the complainant was found near Byappanahalli Railway Bridge. On examination of the dead body, the complainant and the Police found a piece of paper of a note book, in which the deceased has stated that the petitioner and others, who are arraigned as accused were responsible for his death. It is also stated in the back side of the said piece of paper that some persons by name Akbar, Satish, Chitt Kumar, Adil, Vijay Seva, Anjanappa were all due to a total sum of Rs.14.00 lakhs to the deceased. It is also stated that the deceased was indebted huge money during his life time for the purpose of doing the grill work in apartments. On the above said allegations, the Police have registered a case against the petitioner and others in Crime No.60/2019 for the offence punishable under Section 306 of IPC. Even considering the said death note, the reason for implicating the accused persons in his death, is not stated. Merely stating in his death note that ‘the accused persons are responsible for his death’ would not be sufficient to come to the conclusion that the petitioners are responsible for the said offences. The allegations made against the petitioner appears to be too vague. Therefore, unless it is proved that the overt- acts and conduct of the petitioner [A4] are specifically proved that they are sufficient for the deceased to commit suicide by leaving a death note, it is not possible for the Court to draw any inference in that regard. Therefore, all the above said aspects have to be thrashed-out during the course of full- fledged trial.
4. It is submitted by the learned counsel for the petitioner that accused Nos.1, 2 and 5 are already released on bail in connection with the same crime in Crl.P. No.5159/2019 dated 27.08.2019 and Crl.P. No.5870/2019 dated 17.09.2019. In my opinion, the petitioner also stands on the same footing and he is also entitled for grant of bail on the ground of parity. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner [A4] Iqbal @ Moulana Shariff shall be released on bail in the event of his arrest in connection with Crime No.60/2019 of Cantonment Railway P.S., Bengaluru for the offence under Section 306 of IPC on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru City subject to the following conditions:
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.50,000/- [Rupees Fifty Thousand only] with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months, whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge- sheet is filed, whichever is earlier.
Sd/- JUDGE Ksm*