IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8057/2019 BETWEEN:
Mazar Khan S/o Abdul Sattar Khan, Aged about 27 years, R/at No.18, I Main, I Cross, Gangondanahalli, Chandra Layout, Bengaluru-560 040. ... Petitioner (By Sri Ram Singh.K, Advocate) AND:
State of Karnataka by Kalasipalya Police Station, Bengaluru-560 002.
Rep. by High Court Government Pleader, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.226/2018 of Kalasipalya Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 148, 120-B, 302 read with Section 149 of IPC and also Sections 27, 27(1) of Indian Arms Act.
This Criminal Petition is coming on for Orders, this day, the court made the following:
ORDER This petition has been filed by the petitioner/accused No.3 under Section 439 of Cr.P.C to enlarged him on bail in Crime No.226/2018 of Kalasipalya Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of IPC and also Sections 27, 27(1) of Indian Arms Act.
2. I have heard the learned counsel for the petitioner/accused and learned High Court Government Pleader for respondent - State.
3. The brief facts of the case as could be seen from the charge sheet is that on 31.07.2018 at about 8.20 p.m., when a person by name Hariharadas who is said to be an eye witness to the incident after closing his shop was proceeding to his house, at that time, he received a phone call from the deceased by name Syed Ameen calling this witness to come to Motinagar. When he reached Motinagar at about 9.30 p.m., and having tea at Kerala Tea House, Bamboo Bazaar, deceased Syed Ameen also came there and having tea. At that time, some unknown persons came there and questioned the deceased Syed Ameen about his name and thereafter, the said person went away and again he came back and snatched the mobile phone and asked him to come out side. At that time, 8-10 strangers came there and one of them made an attempt to assault the deceased Syed Ameen with knife. Then deceased Syed Ameen ran towards Taj Hotel. Some of the accused persons who were holding long and choppers chased the deceased and some accused persons caught hold this eye witness. Immediately, Hariharadas-eye witness ran away and made a call to one of the relatives of the deceased by name Mohin Pasha and informed about the incident. Father of the deceased Syed Shabbir along with brothers of the deceased came and called this eye witness to show the spot and this eye witness took all of them to Bamboo Bazaar and went behind Taj Hotel and there they saw the dead body of the deceased. On enquiry, the said witness came to know through the father of the deceased that due to previous hatredness and ill-will between the deceased and one Haroon, Pasha, Farooq, Chota Panda, Bada Panda and others by using long and choppers must have committed the murder of the deceased.
4. It is the submission of the learned counsel for the petitioner/accused that earlier accused No.3 approached this Court, but this Court by its order dated 14.08.2019 has dismissed the petition. Subsequently, accused Nos.1 and 2 have approached the Co-ordinate Bench of this Court under the similar facts and circumstances of the case have allowed the petitions and released the accused Nos.1 and 2 on bail, on the ground of parity, accused No.3 is also entitled to be released on bail. It is his further submission that the Test Identification Parade has also not been conducted to identify the petitioner/accused No.3. CW.10 is an eyewitness to the alleged incident but he has not specifically mentioned the name of the petitioner/accused No.3. There is joint recovery of articles. He is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner-accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that earlier petitioner/accused No.3 has approached this Court and this Court by its order dated 14.08.2019 in Crl.P.No.4616/2019, considering the material placed on record, has come to the conclusion that there is material as against the petitioner/accused No.3 and his bail petition was came to be dismissed. He further submits that there are no new good grounds to re- appreciate the bail application. CW.10, who is an eyewitness to the alleged incident also categorically stated about the participation of the petitioner/accused No.3 in the alleged incident and petitioner and along with other accused persons assaulted the deceased with lethal weapons and because of the said injuries, the deceased Syed Ameen has succumbed to the injuries. It is his further submission that there is ample material as against accused No.3. If he is released on bail, he may again indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submission made by the learned counsel for both the parties and perused the record.
7. On close reading of the contents of the complaint and other material, it indicate that accused Nos.1 to 4 have assaulted the deceased with long but Co-ordinate Bench of this Court in Crl.P.No.2118/2019 and Crl.P.No.2119/2019 by its orders dated 19.09.2019 and 25.09.2019 released the accused Nos.1 and 2 on bail. The petitioner/accused No.3 also stands on the similar footing. Taking in to consideration of said factual matrix of the case, on the ground of parity, the petitioner/accused No.3 is also entitled to be released on bail.
In that light, the petition is allowed and petitioner- accused No.3 is ordered to be released on bail in Crime No.226/2018 of Kalasipalya Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of IPC and also Sections 27, 27(1) of Indian Arms Act subject to following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall fully cooperate with the trial.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m till the trial is concluded.
5. He shall not indulge in similar type of criminal activities.
Sd/- JUDGE HA/-