IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 3351 OF 2017 BETWEEN:
1. Mohammed Babool, S/o.Abdul Khaddar Howldar, Aged about 60 Years, R/at.C/o.Boganahalli Kere, Boganahalli, Bengaluru-560-068. Native Place:Rajapura Village, Janoth Post, Saravakula Tana, Bhagehat District, Bangladesh-9300.
2. Hussain @ Saga, S/o.Suban @ sopan, Aged about 30 Years, R/at.C/o.Boganahalli Kere, Boganahalli, Bengaluru-560-068. Native Place:Rajapura Village, Janoth Post, Saravakula Tana, Bhagehat District, Bangladesh-9300.
…Petitioners (By Sri.Chandrappa.K.N, Advocate) AND:
1. The State of Karnataka by H.S.R.Layout Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bangalore-560-001.
2. Foreigners Regional Registration Officers Bureau of Immigration, Government of India, Ministry of Home Affairs, BMTC Building, Shanthinagar, Bangalore.
…Respondents (By Sri.S.Vishwamurthy, HCGP) This criminal petition is filed under Section 439 Cr.P.C by the advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.648/2016 (S.C.No.379/2017) of HSR Layout P.S., Bangalore for the Offence P/U/S 143, 144, 147, 148, 307, 332, 324, 341, 353, 427 R/W 149 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 for the petitioners and the learned HCGP for the first respondent.
2. The petitioners (Accused No.6 and 7 as per the charge sheet) along with the co-accused are charge sheeted for the offences punishable under Sections 341, 353, 332, 333, 307, 324, 326 427, 143, 144, 147, 148 read with Section 149 of the Indian Penal Code and offence under Section 14A (A) (B) of Foreigner’s Act, 1946.
3. The allegation is, the petitioners being the Bangladeshi nationals along with co-accused surrounded the police officials and assaulted them with lethal weapons. No incriminating material is seized from their possession during the investigation. Two of the co-accused are enlarged by the order of this court and investigation since complete, there is no impediment to allow the petition. Accordingly the petition is allowed.
4. The petitioners are enlarged on bail in Crime No.648/2016 registered by the respondent police subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- with one local solvent surety for the likesum to the satisfaction of the concerned Court. The surety shall furnish his/her Identity card/Aadhar card and original title deed pertaining to his/her immovable property for perusal of the Court.
(ii) They shall mark their attendance in the second respondent office on every Tuesday till conclusion of trial; and (iii) They shall not indulge in illegal activities and maintain themselves as law abiding persons.
Chs Sd/- JUDGE