IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.7426/2017 BETWEEN:
Raisuddin S/o Late Abdul Khan Aged about 33 years R/at No.120, 13th Cross Ghousia Nagar Mysuru-570 002. .. PETITIONER (By Sri Rahul Rai K, Adv.) AND:
The State of Karnataka Through Alanahalli Police Station Mysuru Represented by his State Public Prosecutor High Court Building Bangalore-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.69/2017 of Alanhally P.S., Mysuru City for the offence punishable under Section 302 read with Section 34 of IPC.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Section 302 read with Section 34 of IPC registered in respondent Police Station Crime No.69/2017.
2. I have heard the arguments of learned Counsel appearing for the petitioner-accused No.3 and the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record. I have also perused the remand application produced by learned Counsel for the petitioner along with the memo so also the order passed by this Court on 28.9.2017 in Crl.P. No.7746/2017 in respect of Syed Mujayeed-accused No.2.
4. Perusing the prosecution material, so far as FIR and the complaint is concerned, name of the petitioner is not figured. It is only said in the FIR that three persons joined accused Nos.1 and 2 in assaulting the complainant. Therefore, FIR came to be registered in respect of accused No.1-Saabir and accused No.2- Mithesh. As it is submitted by learned Counsel for the petitioner, looking to the remand application, ranking of the parties has been changed. Accused No.2-Mithesh, as mentioned in FIR, is shifted to the position of accused No.4 and the present petitioner is shown as accused No.3. During the course of investigation, statement of Syed Jaffer under Section 164 of Cr.P.C. was also recorded. Looking to his statement, it is no doubt true that he has taken the name of the present petitioner wherein it was stated that thereafter, Raisuddin came on a two wheeler vehicle and along with the other accused, he also started assaulting the complainant. Whether the petitioner (Raisuddin) assaulted with his hands or lower limb or used any weapon for assault, no details are forthcoming except making the balled statement that he also assaulted the complainant.
5. Under the similar set of circumstances, in respect of accused No.2, whose name was not mentioned in FIR, this Court, after considering the entire material on record, has allowed the bail petition and granted bail to him. The petitioner is also standing on the same footing to that of accused No.2. Hence, on the ground of parity, the petitioner can be granted bail. The petitioner has contended that he is innocent and he has been falsely implicated in the case. He has not at all committed the alleged offence. Hence, by imposing reasonable conditions, the petitioner is admitted to bail.
6. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail of the offences punishable under Section 302 read with section 34 of IPC registered in respondent police station Crime No.69/2017, subject to following conditions:-
I. Petitioner shall execute bond for a sum of Rs.1,00,000/- (Rupees one lakh only) and shall offer one solvent surety for the like sum to the satisfaction of concerned Court.
II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.
III. The petitioner shall regularly attend the Court.
Sd/- JUDGE Cs/-