IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 3258/2019 Between:
Irshad @ Abbu S/o. Sardar Ahmed, Aged about 40 years, R/at No.246, 7th Cross, Near Vinayaka Tent, Modi Road, D. J. Halli, Bangalore 560 045.
(By Sri. Anees Ali Khan, Advocate) And:
… Petitioner State by D. J. Halli P.S Bangalore 560 045 Represented by the State Public Prosecutor High Court of Karnataka High Court Building, Bangalore 560 001. … Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to grant anticipatory bail to the petitioner in Crime No.63/2019 for offences under Sections 341, 34, 504, 324, 307 of IPC of D.J.Halli P.S., pending on the file of the XI ACMM, Mayohall, Bangalore.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of arrest in Crime No.63/2019 for the offences punishable under Sections 341, 504, 324, 307 read with Section 34 of IPC.
2. The case of the prosecution is that the complaint was filed on 29.03.2019. According to the complaint at about 10.30 to 10.40 p.m., when the complainant heard dog barking, he saw three persons hitting the dog. When the complainant enquired with the said persons as to why they were hitting the dog, an altercation ensued and one of the three persons assaulted the complainant and caused injury with the knife. On the basis of the complaint, FIR is lodged, investigation is in progress.
3. It is stated that accused No.1 came to be arrested on 1.4.2019 and subsequently enlarged on bail due to non-filing of charge sheet within the stipulated time. It is further stated that knife has been seized as per the statement made by the accused No.1. It is further contended that it is only on the basis of voluntary statement of accused No.1 that the petitioner has been implicated.
4. Taking note of the fact that recovery is at the instance of accused No.1 and that identity of the accused is a matter to be established in trial and also noting that the implication of the petitioner is only on the basis of voluntary statement of accused No.1, that there are no criminal antecedents, the petitioner has made out a case for being enlarged on anticipatory bail in the event of his arrest.
5. Though the Sessions Court has rejected the petition observing that investigation is not complete, however, in light of the observations made herein above, the petitioner is entitled to be enlarged on anticipatory bail.
6. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.63/2019 for the offences punishable under Sections 341, 504, 324, 307 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.63/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR/-