IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5775/2019 BETWEEN:
MR.MOHAMMED FAYAZULLA, AGED ABOUT 36 YEARS, S/O MOHAMMED SANAULLA, R/AT NO.26, 7TH MAIN, BESIDE JAMIA MASJID, SHAMANNA GARDEN, MYSORE MAIN ROAD, BANGALORE – 560 053.
(BY SRI. M.K.METRI, ADVOCATE) AND:
STATE OF KARNATAKA, BY J.J.NAGAR POLICE STATION, BANGALORE DISTRICT. KARNATAKA – 560 078.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.
(BY SRI HONNAPPA, 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.88/2019 REGISTERED BY JAGAJEEVANRAM NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner is the sole accused in crime No.88/2019 on the file of Jagajeevanram Nagar Police Station registered for the offence punishable under Section 307 of IPC.
3. The brief facts of the prosecution case is that, the complainant by name Zabi Ulla has lodged a complaint stating that his sister by name Nazima Banu was given in marriage to the petitioner. It is alleged that the petitioner often started quarrelling with Nazima Banu and sent her to the house of the complainant. In this context, it is alleged that on 21.06.2019, when the said Nazima Banu was in the complainant’s house at about 10.15 in the night, the accused went to the house and started abusing the inmates of the house and also the complainant’s father came to the spot. When the complainant questioned him as to why he is quarrelling, the petitioner started abusing him and ultimately, the accused - petitioner has assaulted the complainant with a knife on his abdomen and made attempts to kill him.
4. The wound certificate produced before the Court along with the charge sheet shows that the said Zabi Ulla has suffered simple injuries to his stomach. In order to prove the offence under Section 302 of IPC, the intention of the petitioner as well as the nature of the injuries caused has to be proved and that the injury should be sufficient to cause the death of the person in the ordinary course and the same has to be proved beyond reasonable doubt.
5. Looking to the above said facts and circumstances of the case, the petitioner was arrested and he is in judicial custody and charge sheet has already been filed. The victim is discharged from the hospital who sustained only simple injuries. In the above said facts and circumstances of the case, these aspects are sufficient to enlarge the petitioner on bail. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.88/2019 of Jagajeevanram Nagar Police Station, subject to the following conditions:-
1. The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and they shall execute personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
2. The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
3. The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
4. The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE nvj