IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8008/2019 BETWEEN:
Jabbar S/o Abdul Jabbar S/o Abdul Khadar Aged about 42 years R/at 2-74/15 Sujeer Badigudde House Pudu Village, Bantwal Taluk D.K. District – 574 222 (By Sri Lethif B, Advocate) AND:
The State of Karnataka by Bantwal Rural Police Station D.K. District Represented by its State Public Prosecutor High Court Building Bengaluru – 560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.296/2017 of Bantwal Rural Police Station, D.K. District for the offence punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302, 120B read with Section 149 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R 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.13 in the charge sheet filed by the respondent-police arising out of Crime No.296/2017 and the same is registered in C.C.No.70/2018 pending on the file of the Additional Civil Judge and JMFC Court, Bantwal.
3. The brief facts of the case are that, the complainant by name Mohammad Paijal, aged 22 years was working as loader in a Cargo at Goa. On 25.09.2017, at about 10.00 am, one Appi of Maripalla called the complainant and informed that Panjyothi side persons attacked the Appi and same was informed to Zia. It is further alleged that immediately one Fayaz in his rented Swift Car along with the complainant and Mustaq and others went towards Maripalla, at about 10.45 am, they reached near Parangipete Police Station and at that point of time one Innova Car came and stopped in front of the swift car, in which the complainant was present. The accused persons, particularly accused Nos.1 to 12 have got down from the said vehicle with deadly weapons and attacked the car driver Faizal and inmate Zia and assaulted them on their head and other parts of their body. At that time, the complainant, Mustaq, Anees and other persons by name Chammu and Afzal tried to escape from the said place, at that time one Mustaq and Anees assaulted them with the intention of murder and caused grievous injuries. It is alleged that one Chammu was not seen by the complainant. It is alleged that there was an injury to the hand of the complainant from the broken car glasses. At that time, the public gathered and the accused persons escaped from the spot and the case has been registered in this behalf. Charge sheet also discloses that a person by name Zia was actually done to death in the said incident.
4. The allegation against this petitioner who is arraigned as accused No.13 is only that he joined hands with accused Nos.1 to 12 to conspire together to hatch a conspiracy prior to the incident. But the presence of this petitioner is not seen at the time of the incident as a assailant. The other accused persons that were said to be the assailants by name Nawfal @ Dealnowfal, Thaslim, Jabbar @ Abdul Jabbar and other accused persons were already released on bail on different dates by this Court.
5. Looking to the above said facts and circumstances, the presence and participation of this petitioner is not there and other accused persons i.e., accused Nos.1 to 12 have already been released on bail, the petitioner is also entitled to be enlarged on bail on similar conditions. Hence the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused No.13 shall be released on bail in Cr.No.296/2017 of Buntwala Rural Police Station, D.K.
District (C.C.No.70/2018 pending on the file of Additional Civil Judge and JMFC Court, Bantwal, D.K.District) for the offence punishable under Sections 143, 147, 148, 341, 324, 326, 307, 302, 120B read with Section 149 of IPC, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh only) with two sureties for the like- sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Kmv/-
Sd/- JUDGE