IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7636 OF 2019 BETWEEN:
1. Mohammed Khan @ Suhel Khan S/o. Nasir Khan Aged about 30 years, R/at No.218, ‘C’ Block, 9th Cross, Sultan Road, Goushiyanagara, Mysuru-570 001 2. Sumal, S/o. Sayed Azgar, Aged about 25 years, Coolie Worker, R/at No. 284, 3rd Cross, Sulthan Nagar, Goushiyanagara Mysuru-570 001 …PETITIONERS (BY SRI B. ROOPESHA, ADVOCATE) AND:
STATE BY UDAYAGIRI POLICE STATION MYSURU DISTRICT-570 019 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560 001 (BY SRI ROHITH B.J., HCGP) ******* …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.204/2019 REGISTERED BY UDAYAGIRI POLICE STATION, MYSURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 307 READ WITH 34 OF IPC.
THIS PETITION COMING ON FOR ORDER 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 respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.5 and 6 in Crime No.204/2019 of Udayagiri Police Station, Mysuru City.
3. The brief facts of the case are that about four unknown persons on 29.08.2019 at about 11.10 p.m. to 11.15 p.m., gathered near Kabab Shop situated at KEB Junction, belongs to one Suhel and have assaulted the injured on various parts of his body. The present petitioners are not the persons who actually participated in assaulting the injured, as the remand application shows that these persons were deployed by other accused for the purpose of assigning the movements of the injured to the assailants.
4. Looking to the above said facts and circumstances, the petitioners have already been arrested, interrogated and were in judicial custody and they were no more required for any further investigation. Therefore, the petitioners, who are not actually participated, their role has to be established during the course of full dressed trial. Therefore, the petitioners are entitled to be enlarged on bail with conditions. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.204/2019 of Udayagiri Police Station, Mysuru City, registered for the offence punishable under Sections 307 read with 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) each with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Sbs*