IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8298/2017 BETWEEN:
Muzbul Rehman @ Rehaman S/o Muneer Aged about 30 years R/at No.24, 22nd Block EWS Colony, 80 Feet Road Koramangala Bengaluru-560 036. ... PETITIONER (By Sri Veeranna G Tigadi, Adv. for Sri Ramesha H N, Adv.) AND:
The State of Karnataka By Electronic City Police Station Represented by the Special Public Prosecutor High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.305/2009 (S.C.No.105/2015) of Electronic City P.S., Bangalore for the offences P/U/Ss 143, 144, 147, 148, 120B, 109, 302, 307, 324 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the accused No.6 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 143, 144, 147, 148, 120(B), 109, 302, 307, 324 r/w Section 149 of IPC registered in respondent – police station Crime No.305/2009.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.6 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. The materials on record show that earlier the petitioner along with other accused persons applied for regular bail. The same was allowed and petitioner was released on bail, but subsequently, as he remained absent from appearing before the Court, NBW was issued against him and he was taken to custody.
5. It is seen that the merits of the case have been already considered by the concerned Court while granting bail to the petitioner. Since he remained absent, he was taken to custody and from 2.7.2015 he is in custody. In view of the grounds mentioned in the bail petition, I feel one more opportunity is to be given to the petitioner-accused No.6.
6. Accordingly, petition is allowed.
Petitioner/accused No.6 is ordered to be released on bail for the offences punishable under Sections 143, 144, 147, 148, 120(B), 109, 302, 307, 324 r/w Section 149 of IPC registered in respondent – police station Crime No.305/2009, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp