IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3400/2019 BETWEEN:
Musthapa @ Waseem S/o. Musthaq, Aged about 28 years, R/at No.76/2, A.K. Colony, Kasthuribhanagar, Mysore Road, Bengaluru – 560 017. ... Petitioner (By Sri. Nagaiah, Advocate) AND:
State of Karnataka, Bengaluru City, By Byatarayanapura Police, Rep. by Special Public Prosecutor, City Civil Court Complex, Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.544/2018 (C.C.No.5861/2019) of Byatarayanapura Police Station, Bengaluru City for the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner who is accused No.2 has sought for being enlarged on bail in connection with his detention pursuant to proceedings in Crime No.544/2018 with respect to the offences punishable under Sections 143, 147, 148, 120B, 302 read with Section 149 of IPC.
2. It is the case of the prosecution that on 09.12.2018 at about 4:30 a.m., the complainant had lodged a written complaint stating that there was a quarrel between Syed Zabiulla and others. It is stated that during the said altercation, accused Nos.1 and 2 and others were present. It is stated that accused No.1 had abused Navaz and subsequently, accused No.1 came in a two wheeler holding a knife in his hand along with accused No.2 and stopped the car and accused No.1 had stabbed the deceased. The deceased succumbed to injuries and died on 09.12.2018.
3. A complaint was lodged and FIR has been registered. Investigation has been completed and charge sheet has been filed. On a perusal of the charge sheet, it becomes clear that accused No.1 is said to have stabbed the deceased. The allegations as against the other accused are also that accused No.2 has stabbed using the dagger on the ribs. While accused No.3 has stabbed at the back with a dagger and accused No.4 has stabbed the deceased on the thigh.
4. The petitioner states that the statement of CW-1 would reveal that the injuries were caused by the acts of accused Nos.4 to 5.
5. It is to be noted that accused Nos.3 to 5 have been released on bail by the Court of LVI Addl. City Civil & Sessions Judge. Bengaluru (CCH-57) by order dated 10.05.2019 by detailed consideration. The question as to whether the injury inflicted by accused No.2 has resulted in death is a matter for trial.
6. Taking note of the fact that insofar as the nature of injuries which have been inflicted by accused Nos.3 to 5 and the gravity of the injury inflicted by accused No.2 is concerned, accused No.2 stands on the same footing as accused no. 3 to 5. Hence, on the ground of parity, taking note of the fact that accused Nos.3 to 5 have been released on bail, accused No.2 is also entitled to be enlarged on bail, subject to the following conditions:-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with a surety for the likesum before the concerned Court.
(ii) The petitioner shall not indulge in any criminal activities.
(iii) The petitioner shall not tamper with evidence or influence in any way any witness.
(iv) The petitioner shall not go to the locality where the witnesses reside.
(v) In the event of violation of the aforementioned conditions, the bail will stand automatically cancelled.
Sd/- JUDGE SJK