IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7749/2019 BETWEEN:
Mahammad Mallik @ Noor, Mahammed @ Mallik, S/o Mahammed Hussain, Aged about 32 years, R/a Duglapura Village and Post, Tharikere Taluk, Chikkamangaluru District – 573 124. (By Sri.B. Lethif, Advocate) AND:
The State of Karnataka, By Mangaluru Rural Police Station, Represented by the S.P.P., High Court Building, Bangalore – 560 001.
(By Sri.Rohith B.J., 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.217/2009 (S.C.No.27/2017) of Mangaluru Rural P.S., D.K., For the offence P/U/S 307, 399, 186 read with 34 of IPC and Section 3, 25, 27 of Arms Act.
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 learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No.217/2009 of Mangaluru Rural Police Station for the offence punishable under Sections 307, 399, 186 read with 34 of IPC and Sections 3, 25 and 27 of the Indian Arms Act. Thereafter, a Sessions case was registered in SC.No.136/2012 against all the accused persons. Later, the petitioner was absconded himself after securing the bail. Therefore, a split up case has been registered against this petitioner in SC.No.27/2017. In this case, Court has issued NBW and thereafter, petitioner was secured and presented before the Court through body warrant on 27.07.2019. From then the petitioner has been in judicial custody.
3. Learned counsel for the petitioner brought to the notice of this Court that accused Nos.3 to 5 were tried in SC.No.28/2017 and were acquitted by the order dated 29.05.2019.
4. Therefore, looking to the above stated facts and circumstances, at this stage, this Court cannot say whether there is any prima-facie case against the petitioner or not. Looking to the conduct of the petitioner, this Court feels, it is just and necessary to provide an opportunity to mend his conduct and assist the trial Court for speedy disposal of the case, at the earliest. Therefore, the petitioner-accused No.2 is to be enlarged on bail with conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused No.2 shall be released on bail in connection with S.C. No.27/2017 (arising out of Crime No.217/2009) on the file of III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, registered for the alleged offence, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand 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.
(v) If the petitioner absents himself in future on any two consecutive occasions without leave of the Court and without being exempted by the Court, trial Court is directed to take him back to the custody and proceed with the trial.
(vi) The petitioner shall deposit a sum of Rs.5,000/-(Rupees Five Thousand Only) before the trial Court towards litigation expenses and the same shall be forfeited to the State after termination of the proceedings against the accused.
SD/- JUDGE SB