IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MAY, 2017 BEFORE THE HON'BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.4337 OF 2017 BETWEEN:
P.H.NOUFAL S/O HAMEED AGED ABOUT 23 YEARS R/O KOLEKERI VILLAGE & POST MADIKERI TALUK KODAGU DISTRICT – 576 001.
... PETITIONER (BY SRI B.LETHIF, ADV.,) AND:
STATE OF KARNATAKA BY NAPOKLU POLICE STATION KODAGU DISTRICT REP.BY SPP HIGH COURT BUILDING BANGALORE – 560 001.
(BY SRI CHETAN DESAI, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.7/2017 OF NAPOKLU P.S., KODAGU DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 341, 427, 324, 307 R/W 149 OF IPC AND SEC.3(2) (V) OF SC/ST (POA) ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned HCGP is directed to take notice for the respondent-State.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The respondent-Police registered a case against unknown 10 to 12 members in their Crime No.7/2017 in respect of the offences punishable under Sections 143, 147, 148, 341, 427, 324 and 307 read with Section 149 of IPC and Section 3(2) (V) of SC/ST (POA) Act. During the course of investigation, this petitioner is arrayed as accused No.7.
2. The allegation of the prosecution is, the accused persons laid a trap and procured the complainant and his three friends and assaulted them with lethal weapons on the night of 24.1.2017. This petitioner was not named in the FIR and for the first time, he was implicated as accused on the basis of the voluntary statement of the arrested accused Nos.11 and 12 dated 25.1.2017. The co-accused Nos.1 to 3, 6 and 8 to 10, who stand on the same pedestal with this petitioner, were enlarged on bail in Crl.P.No.2577/2017 c/w Crl.P.No.2579/2017 dated 5.4.2017. In the given circumstance, there is no impediment to allow the petition.
3. The petition is allowed. The petitioner is granted anticipatory bail in Crime No.7/2017 registered by the respondent-Police, subject to following conditions:
i) He shall forthwith appear before the respondent- Investigating Officer. In that event, the Investigating Officer is at liberty to interrogate him.
ii) In the event of his arrest by the respondent- Investigating Officer in respect of the above case, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum;
iii) He shall co-operate with the Investigating Officer during the further course of investigation;
iv) He shall not prevail upon or threaten the complainant or the prosecution witnesses;
v) He shall not indulge in illegal activities.
Sd/- JUDGE PB