IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF AUGUST 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6785/2017 BETWEEN:
KHADER ALI @ KHADER KULAI S/O HAMMABBA BEARY AGED ABOUT 41 YEARS RESIDING AT NO.2-61 YAKOOB MANZIL KULAI, MANGALORE D.K. DISTRICT – 575 231. …PETITIONER (BY SRI B.LETHIF, ADV.) AND:
STATE OF KARNATAKA BY SURATHKAL POLICE STATION D.K.DISTRICT – 575 231 REP. BY SPP, HIGH COURT BUILDING BANGALORE – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, 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.46/2016 OF SURATHKAL POLICE STATION, MANGALORE CITY, FOR THE OFFENCES P/U/S 324, 307 R/W 34 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 appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner (A-8) apprehends arrest by the respondent-police in their Cr.No.46/2016 registered in respect of the offences under sections 324, 307 r/w section 34 of IPC.
3. The allegation is, on 21.2.2016 the complainant’s brother Prakash Poojari was assaulted by four unknown miscreants with talwar etc.
4. As per the submission of the learned counsel for the petitioner, the 1st accused was arrested after 1½ years of the registration of the complaint. On his voluntary statement, the other accused were implicated in the remand application. Weapon allegedly used for commission of the offence is seized at the instance of the Investigating Officer. Accused No.3 is granted anticipatory bail by the order of this Court in Crl.P.No.5621/2017 dated 14.8.2017. The petitioner is ready to appear before the Investigating Officer and co-operate with the Investigating Officer for further investigation if anticipatory bail is granted.
5. In the light of the above facts and circumstance, the petition is allowed.
Petitioner is granted anticipatory bail in Crime No. 46/2016 registered by the respondent Police, subject to following conditions:
i) He shall forthwith appear before the respondent/Investigating Officer. In that event, the Investigating Officer is at liberty to interrogate him and cause recovery of incriminating material, if they need, at his instance under Section 27 of the Indian Evidence Act. If his interrogation continues for more than 24 hours, he shall be produced before the jurisdiction Magistrate.
ii) In the event of his arrest by the respondent Investigating Officer, he shall be released on bail on executing self bond for a sum of Rs.50,000/- with one local separate surety for the likesum.
iii) He shall not threaten or terrorize the complainant and other prosecution witnesses.
Dvr:
Sd/- JUDGE