IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 3486/2019 Between:
Mohammed Siddiq S/o. Eliyaz Pasha, Aged about 27 years, R/at No.27, 1st Main Road, 3rd Cross, Fazil Building, Islampura HAL, Bangalore 560 033.
… Petitioner (By Sri. V. Lakshmi Kanth Rao., Advocate) And:
State by Hosakote P.S., Rep. by State Public Prosecutor, High Court of Karnataka, Bangalore 560 001.
(By Sri. S. Rachaiah, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.575/2018 pending on the file of the Civil Judge and JMFC at Hosakote in C.C.No.716/2019 for the offence p/u/s 307, 34, 504, 323, 324, 506(B) of IPC of Hosakote Police Station.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.575/2018 for the offences punishable under Sections 307, 34, 504, 323, 324, 506(B) of IPC.
2. The case of the prosecution is that a complaint is registered by the respondent – Police for the alleged offences as above stated. It is stated that the complaint was lodged by Mohammed Nizamudin stating that the accused No.1 and the complainant were friends and on 19.12.2018 when the complainant was returning after visiting the District Education Centre at about 1.45 p.m., accused No.1 is stated to have contacted him over telephone asking the complainant to pick him up. It is stated that the complainant had gone to Balaji Layout on his motorcycle and accused Nos. 1, 2 and 3 picked up an altercation with the complainant alleging that he was a police informer and thereafter had assaulted the complainant with chopper. The complainant suffered injuries. On the basis of the said incident, complaint was lodged, investigation is complete and charge sheet has been filed.
3. Learned counsel appearing on behalf of the petitioner contends that the alleged incident was on 19.12.2018 but the complaint was filed after an inordinate delay on 25.12.2018. It is submitted that the complainant has been discharged after treatment on the same day. It is further submitted that the proof of the offence is a matter for trial. It is further submitted that respondents 3 and 5 have been enlarged on bail as per the order of the Sessions Court and on the principle of parity, petitioner is entitled to be enlarged on bail.
4. Taking note of the fact that there is delay in lodging complaint and that the proof of offence is a matter for trial, as investigation is complete and charge sheet has been filed, petitioner is entitled to be enlarged on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.575/2018 for the offences punishable under Sections 307, 34, 504, 323, 324, 506(B) of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP