IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6656 OF 2017 BETWEEN SYED JABIULLA @ JABIULLA S/O SYED MAHABOOB AGED ABOUT 30 YEARS HOUSE IN FRONT OF HOSAHALLI MASJID VIJAYNAGAR BENGALURU – 560 040 (BY SRI. MANJUNATH B.R., ADV., FOR SRI. NARAYANA SWAMY K.J., ADV.,) AND STATE OF KARNATAKA BY MAGADI POLICE RAMANAGARA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 (BY SRI. S.VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.129/2016 (C.C.NO.530/2016) OF MAGADI P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 302, 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner/accused No.1 in pursuance of his previous enmity against the deceased Nadeem Pasha, abducted the deceased along with accrued Nos. 2 to 9 on 16.05.2016, while accused Nos. 7 to 8 were on guard, accused Nos. 1 to 6 assaulted the deceased with lethal weapons.
2. Infact, the deceased was last seen by his family members on 14.05.2016. On 16.05.2016, the father of the deceased lodged a missing complaint in Chandra Layout. On coming to know about burial of an unidentified male dead body by Magadi Police, he went to the police station at Magadi, identified the belongings of the dead body and the photo as that of his son. The dead body was exhumed but it was already at the stage of decomposition and could not be identified. FIR was registered in respect of the offence under Section 302 of IPC.
2. The petitioner was arrested on 23.06.201, after charge sheet was filed and he was taken to police custody for eight days. No incriminating material is seized from his possession. Four of the co-accused are on bail. The case of the prosecution depends upon the circumstantial evidence.
3. In the above circumstances, there is no impediment to allow the petition.
Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.129/2016 registered by the respondent/police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court.
The surety shall furnish to the Court the original tile deed of his immovable property and his Identity Card/Adhaar Card for perusal. He must not have offered surety to the accused persons of any other criminal case.
(ii) He shall mark his attendance before the respondent-Investigating Officer on every alternative Tuesday during the office hours till the conclusion of trial.
(iii) He shall not indulge in any illegal activities.
Sd/- JUDGE Bsv