IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6455/2019 BETWEEN PAJJU @ PAJRULLA SHARIF AGE ABOUT 38 YEARS, S/O ASADULLA SHARIF, R/O 1ST MAIN, BABAUSABARA PALYA, KENGERI CHECK POST, BENGALURU 560060 ...PETITIONER (BY SRI CHANDRAHASA RAI B, ADVOCATE) AND THE STATE OF KARNATAKA BY MAGADI POLICE STATION, RAMANAGARA DISTRICT, REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001 (BY SRI ROHITH B J, HCGP) RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.129/2016 (S.C. NO.51/2019) OF MAGADI P.S., RAMANAGARA, PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA FOR THE OFFENCE P/U/S 302 AND 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER The petitioner is arraigned as accused No.4 in Crime No.129/2016 which later culminated in C.C.No.530/2016 for the offences under Section 302 and 201 of IPC.
2. The brief facts of the case are that between 16.05.2016 and 17.05.2016, the deceased by name Nadeem Pasha was missing. A missing complaint was lodged by the father of the deceased, but the dead body of said Nadeem Pasha was traced on 17.05.2016 and thereafter the investigation started. After investigation, a chargesheet has been filed. In the chargesheeet, it is alleged that accused Nos.1 to 6 have abducted the said Nadeem Pasha in an autorickshaw bearing registration No.KA-05-AF- 6562 and accused Nos.7, 8 and 9 also went together. They took the deceased to Magadi Road and assaulted him with a dragon and other deadly weapons and particularly accused Nos.7, 8 and 9 were watching the surrounding place of the incident and accused Nos.1 to 6 have assaulted the deceased and committed his murder. There are omnibus allegations made against all the accused Nos.1 to 6 that they have assaulted with deadly weapons like dragons to commit the murder of the deceased. Accused Nos.1, 2, 5, 8 and 9 were already released on bail by this Court on various dates in Crl.P.Nos.6656/2017, 7801/2018, 6925/2017, 2158/2017, 8586/2016 c/w 9029/2016. When common allegations were made against accused Nos.1 to 6 and other accused persons, who stand on the same footing are already released on bail, the petitioner is also similarly entitled to be enlarged on bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C.No.530/2016 on the file of III Addl. District and Sessions Judge, Ramanagara (arising out of Crime No.129/2016 of Magadi Police Station) registered for the offence punishable under Sections 302 and 201 of Indian Penal Code subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees one lakh 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.
JT/-
Sd/- JUDGE