IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR CRIMINAL PETITION No.3518/2017 Between:
1. Musthafa @ Mohammed Musthafa s/o Aboobakar Aged about 19 years R/a Near Vamanjoor Government Primary School Thiruvail Village Mangaluru Taluk Pin Code - 575 001.
2. Imran S/o Abdul Rahiman Aged about 30 years R/a Shivanagar Moodushedde village Mangaluru Taluk Pin Code - 575 001. ..Petitioners (By Sri Mahadeva R K, Advocate) And:
State of Karnataka Rep. by the Station House Officer Mangaluru Rural Police Station South Sub-Division, Mangaluru City Mangaluru, Pin Code -
Rep. by State Public Prosecutor, High Court Building, High Court, Bengaluru-560 001.
(By Sri Chetan Desai HCGP) ...Respondent This criminal petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.330/2016 of Mangalore Rural Police Station, Mangalore City for the offences p/u/ss. 143, 147, 148, 120B, 341, 302, 506 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 High Court Government Pleader for the respondent-State.
2. The petitioners are the accused and complaint is registered in Crime No.330/2016 at Mangaluru Rural Police Station for the offences punishable under Sections. 143, 147, 148, 120B, 341, 302 506 r/w 149 of IPC.
3. The incident took place on 19.8.2016 at 10.00 a.m. The allegations are that when the deceased and his wife were traveling in an autorickshaw, all the accused came in a car and stopped the autorickshaw and attacked the deceased, which resulted in the death of the deceased.
4. Learned counsel for the petitioners argues that in Crl.P Nos.9851 and 7998 of 2016, this Court already granted bail to other accused and therefore these petitioners stand on the same footing with that of other accused. On the ground of parity, the petitioners are also entitled to bail.
5. Learned High Court Government Pleader argues that a specific overt-act is attributed to the petitioners and therefore bail cannot be granted.
6. On perusal of the petition and other materials, it is found that these petitioners are also accused, who attacked the deceased. There may be a specific overt-act attributed to the petitioners, but taking into consideration all the materials on record, I am of the opinion that the petitioners are also entitled to bail on the ground of parity. Hence, the following:
ORDER Petition is allowed on the following conditions:
1) The petitioners are released on bail on executing self-bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the Sessions Court.
2) They shall cooperate with the Investigating Officer during the investigation.
3) They shall not directly or indirectly threaten the witnesses and destroy the evidence.
4) They shall not involve in any criminal activities.
Sd/- JUDGE bkm