IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7420/2017 BETWEEN:
Mohammed Azeemuddin @ Babu S/o Mohammed Riyazuddin Age about 22 years, R/at No.580, Ashwath Nagar, Tannisandra Main Road, SRK Nagar Post, Bangalore - 77. ... Petitioner (By Sri.Mohammed Tahir, Advocate) AND:
State by Hennur Police Bangalore Represented by State Public Prosecutor High Court Complex Building Bangalore – 560 001. ...Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Crime No.161/2017 of Hennur Police Station, Bengaluru City and CC No.56327/2017 pending on the file of XI A.C.M.M, Bangalore for the offence P/U/S 120(B) and 302 read with 149 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.7 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 302 read with Section 34 of IPC, registered in respondent – police station Crime No.161/2017. After investigation, the offences punishable under Sections 120B read with Section 149 of IPC were also inserted in the case.
2. On 02.05.2017 at about 3.30 P.M complaint came to be received from the elder brother of the deceased. It was registered against unknown persons wherein it is alleged that at about 11.30 A.M complainant was at his home and heard the scream outside and on hearing the same, he came out and saw the crowd of people near the mosque at about 200 meter and when he went there and observed people were taking that some unknown persons with the weapon stabbed somebody and dumped in the drain. When the complainant went near to see, found that person was none other than his younger brother Altaf Pasha dumped there, some unknown person with some weapon, stabbed on the left side of his stomach, left side on his chest and backside of neck with the weapon. The brother of the complainant was shifted to the hospital. The car of the deceased was also smashed, glasses were broken. When the deceased was taken to Ambedkar Hospital, the Doctor after examining declared that he was dead. On the basis of said complaint, case came to be registered against the unknown persons and during investigation the present petitioner is arrayed as accused No.7.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.7 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and entire charge sheet produced in the case.
5. Looking into the material collected during investigation, prima facie goes to show that there are no direct witness to the incident and case of the prosecution rests only on the circumstantial evidence. Even with regard to the circumstances, prosecution has not at all placed the definite material. Even looking to the statement of some of the witnesses they have stated that some group of five persons shouting and talking between themselves to eliminate the deceased.
Therefore, even after considering the statement of these witnesses also there is no specific material as against the present petitioner of the participation even in the alleged conspiracy.
6. The petitioner has contended that there is a false implication of the petitioner in the said case. Now the investigation is complete. Charge sheet is also filed. Petitioner has undertaken to abide by any conditions to be imposed by this Court. Therefore, looking to the material the petitioner is in custody since from the date of arrest and there are no direct witness to the said incident and by imposing reasonable conditions the petitioner can be admitted to regular bail. The petition is allowed.
7. Accordingly, petition is allowed.
Petitioner/accused No.7 is ordered to be released on bail for the offence punishable under Section 302 read with Section 34 of IPC, registered in respondent – police station Crime No.161/2017 subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE UN