IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8105 OF 2019 BETWEEN:
NAYAZ PASHA @ S/O HIDAYATH ULLA, AGED ABOUT 30 YEARS, R/AT 8/2, 1ST CROSS, 3RD MAIN, PADARAYANAPURA, BANGALORE - 560006. ...PETITIONER (BY SRI SRINIVASA M G, ADVOCATE) AND:
THE STATE OF KARNATA BY VYALIKAVAL POLICE STATION, BENGLAURU – 560003, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU, PIN - 560001). …RESPONDENT (BY SRI ROHITH B.J, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.94/2019 OF VYALIKAVAL P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 307,393,120B OF IPC AND SECTION 7,25,27 OF ARMS ACT.
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 petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.9 in Crime No.94/2019 on the file of the Vyalikaval Police Station for the offence punishable under Sections 307, 393, 120B of IPC and Sections 7, 25 and 27 of Arms Act, 1959.
3. The brief facts of the case are that one Mr.Sri.
Ashish son of Ashok Saklech has lodged a complaint stating that himself and his wife have been running a shop under the name and style “Samrat Jewellary”, situated at No.45, 2nd Main, P.G.Hallik, Near Vinayaka Circle, Benglauru. On 21.08.2019 at about 10.30 a.m.
when the complainant and his wife opened the shop and they were doing business as usual, at about 2.40 p.m., three unknown persons entered into the shop and one of them asked for Tendulkar design chain. When the complainant was about to rise from his chair, one person started firing using a pistol and the bullet pierced into the ceiling of the shop and fell down. Immediately the wife of the complainant lifted a chair and threw on one of the miscreants. Immediately, the miscreants ran away from the spot.
4. It is seen from the records that accused Nos.1 to 4 have been nabbed by the respondent-Police and their voluntary statements were recorded. The petitioner was also arrested and his statement was also recorded. The allegation against this petitioner is that he has purchased a Pistol and 14 live bullets from accused No.2, except that there are no other allegations and the same was recovered from accused No.9. There is no role assigned to the petitioner with regard to the alleged offence in this particular case. The role of the petitioner with reference to the alleged offence whether he had any role to be played is to be established during the course of full dressed trial.
5. Further, in Crl.P.No.7243/2019 C/w Crl.P.No.7124/2019, this Court has already enlarged the accused Nos.5 and 6 on bail vide order dated 23.10.2019. Petitioner stands on better footing than those accused. Therefore, petitioner is also entitled to be enlarged on bail on conditions. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioner/accused No.9 shall be released on bail in connection with Cr.No.94/2019 of Vyalikaval Police Station, Bengaluru for the alleged 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 indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE BSR