IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO. 3715/2017 BETWEEN:
Mohammad Yakub, S/o Sheik Ismail, Aged about 58 years, R/o Bijai New Road, Raj Homes, Mangaluru, D.K-583 126 ...Petitioner (By Sri B.V.Pinto, Advocate) AND:
State of Karnataka By Bellare Police Station, Represented by State Public Prosecutor, High Court, Bengaluru -560 …Respondent (By Sri. K. Nageshwarappa, HCGP) This Criminal Petition is filed u/s 439 Cr.P.C praying that this Hon’ble Court be pleased to enlarge the petitioner on bail in Cr. No. 06/2016 of Bellare Police Station, D.K., for the offence p/u/s 120(B), 109, 302 and 201 of IPC & etc., This Criminal Petition is coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel appearing for the petitioner and learned Government Pleader appearing for the respondent.
2. The respondent police charge sheeted the petitioner herein Accused No.5 along with 6 others, in respect of the offence punishable under Section 120B, 109, 201, 302 of IPC in Crime No.6/2016 registered by the Bellare police station.
3. The case of the prosecution is that the Accused No.1 to 3 in pursuance of their enmity against the deceased in respect of a property dispute, on 23.09.2016 at about 12.30 pm, while the deceased was proceeding in his Innova car, attacked him with lethal weapons and assaulted him indiscriminately to death. The role attributed to this petitioner is, he is a conspirer along with Accused Nos.4 to 7. The similarly placed Accused Nos.4 and 7 are enlarged on bail by the order of this court in Criminal Petition No.1515 of 2017 dated 19.04.2017. Investigation having been complete, there is no impediment to allow the petition.
4. Accordingly, petition is allowed. The petitioner/accused No.5 is ordered to be enlarged on bail subject to the following conditions:-
(i) The petitioner shall furnish a bond for Rs.2.00 lakh (Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court;
(ii) He shall furnish original title deeds of the properties, their Identity Card / Aadhar Card for the perusal of the court;
(iii) He shall not have any history of any other criminal case;
(iv) He shall attend the Court regularly on all the days;
(v) He shall not threaten or allure the prosecution witnesses in whatsoever manner;
(vi) He shall not indulge in any criminal activities:
In the event any of these conditions are violated, the prosecution is at liberty to move for cancellation of bail.
Sd/- JUDGE akv