IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4943/2019 BETWEEN MUTHASIM C.M. @ THASLIM S/O P.A. MOIDU AGED 42 YEARS R/O CHEMBERIKA HOUSE ILLATHU VALAPU, KALNAD KASARAGOD DISTRICT, KERALA (NOW IN JUDICIAL CUSTODY) ... PETITIONER (BY SRI. K. RAVISHANKAR, ADVOCATE) AND STATE OF KARNATAKA BY ULLAL POLICE STATION MANGALURU D.K. DISTRICT - 575 020 REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.63/2017 (C.C.NO. 2294/2017) OF ULLAL POLICE STATION, MANGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 143, 144, 147, 148, 341, 504, 506, 302, 307, 326, 120B, R/W 149 OF IPC AND SECTION 3, 25(1) (1B), SECTION 7, 25(1) (1A), SECTION 27(3) ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-Ullal Police have laid charge sheet against the petitioner and other accused persons in C.C. No.2294/2017 arising out of Crime No.63/2017 of Ullal Police Station, registered for the offences punishable under Sections 143, 147, 148, 279, 341, 504, 506, 302, 307, 327 r/w. 149 of IPC and Sections 3, 25 and 27 of the Indian Arms Act.
3. As could be seen from the charge sheet papers, very peculiarly enough, no overt-act is alleged so far as this petitioner is concerned, who is arraigned as Accused No.8 in the said charge sheet. The over all allegations against the accused persons are that, in pursuance of some previous enmity against the deceased Kaliya Rafeeq, the accused persons have conspired themselves to finish him on 14.02.2017 and in that context, it is alleged that Accused No.1 has assaulted with the Talwar on the head of the deceased and other accused persons have also assaulted him and particularly, Accused No.1-Noor Ali shoot at deceased 3 or 4 times with Pistol. However, as could be seen from the First Information Report, there is no allegation about the presence of this petitioner. But, it is only alleged that he was also one of the conspirators. But in the charge sheet, even that allegation is also not found and no materials are placed before the court to show that the accused persons were made a statement particularly against this petitioner that he was involved in the alleged conspiracy. In the facts and circumstances of the case, the present petitioner (A8) is entitled to be enlarged on bail. Hence, the following order.
ORDER The petition is allowed. The petitioner (A8)- Muthasim C.M. @ Thaslim shall be released on bail in connection with C.C No.2294/2017 arising out of Crime No. 63/2017 of Ullal Police Station, registered against him for the aforesaid offences, subject to the following conditions:-
i) The petitioner shall execute a 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 jurisdictional Court.
ii) The petitioner shall not tamper with the prosecution witnesses and he shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court.
iii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
Sd/-
JUDGE KGR*