IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION NO.863 OF 2019 BETWEEN NASIR PASHA S/O. NAWAZ PASHA, AGED ABOUT 24 YEARS, R/AT BEHIND RANGAMANDIRA, NEAR INDUMATHI HOSPITAL, MALUR TOWN, KOLAR DISTRICT.
... PETITIONER (BY SRI VEERANNA G TIGADI, ADVOCATE) AND STATE OF KARNATAKA REPT. BY VEMGAL POLICE BY ITS S.P.P. HIGH COURT AT BANGALORE-560 001.
(BY SRI K.P. YOGANNA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.118/2017 (S.C.NO.05/2019) OF VEMAGAL POLICE STATION, KOLAR FOR THE OFFENCES P/U/SS 394, 307 READ WITH SECTION 34 OF IPC.
THIS PETITION COMING FOR ORDERS ON THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is accused No.2 in S.C. No.5/2019 on the file of I Additional District and Sessions Judge, Kolar, files this petition under Section 439 of Cr.P.C., for granting regular bail.
2. The allegations against the petitioner and another accused is that on 02.06.2017 when CW2- Shubhavardhan was walking on the road, this petitioner and another have assaulted CW2 with an intention to commit his murder and to rob him caused grievous bleeding injury to him. After coming to know about the said incident CW.1 - complainant and CW3 shifted CW2 to the hospital. Thereafter accused was arrested on 20.06.2018 and since then he is in custody.
3. Learned counsel for the petitioner contended that there is no recovery from the accused to connect him to the crime. The injured was discharged from the hospital and he is out of danger. The investigation is already completed and charge sheet has been filed. The case is also committed to the Court of Sessions and it is pending for trial. He further submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he prayed to allow the petition.
4. Per contra, the learned HCGP objected the bail application and contended that the accused is an habitual offender. He also involved in another case for the offence punishable under Section 399 and 402 of IPC. Hence, he prayed for dismissal of the appeal.
5. After hearing the learned counsel for the petitioner and the learned HCGP for the respondent-State and perusal of the complaint it discloses that the complaint came to be registered against unknown persons. CW1, who gave the complaint is not eyewitness to the incident. CW1 and CW3 have given statement and identified accused in the police station only after the arrest on 20.06.2018 and the charge sheet is already filed by the police and the case was committed to the Court of Sessions. The injured already discharged from the hospital and the petitioner is not required for the purpose of investigation, except for trial. Merely, he has involved in some other case, without conclusion is not a ground for refusing the bail. Therefore, considering the facts and circumstances of the case, by imposing some stringent conditions if the petitioner is order to be released on bail, no prejudice would cause to the prosecution case.
5. Accordingly, I pass the following:
ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail on his executing personal bond for a sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties for the like sum, to the satisfaction of the trial Court, with the following conditions:
1) The petitioner shall not leave the jurisdiction of the Court without prior permission of the trial Court.
2) He shall not tamper with the prosecution evidence directly or indirectly.
3) He shall not indulge himself in similar offences.
4) He shall mark his attendance before the police once in every 15 days on 1st and 15th of every calendar month till the completion of trial.
Sd/- JUDGE Sbs*