IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7775/2019 BETWEEN SALEEM PASHA @ AMIR JAN S/O LATE NOOR PASHA AGED ABOUT 24 YEARS R/AT: NO.85, NEAR MUSLIM CREMATION GROUND FARUKIA NAGARA NEAR GOVERNMENT ELECTRIC FACTORY 1ST CROSS, GOWRI PALYA BENGALURU – 560 028 (BY SRI. B. LETHIF, ADVOCATE) AND THE STATE OF KARNATAKA BY VYALIKAVAL POLICE STATION BENGALURU CITY REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING ... PETITIONER BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.94/2019 REGISTERED BY VYALIKAVAL POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 307 AND 393 OF IPC AND SECTION 7, 25 AND 27 OF INDIAN ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as accused No.7 in Cr.No.94/2019 of Vyalikaval Police Station, Bengaluru for the offence punishable under Sections 307, 393 of IPC and Sections 25, 27 and 7 of Arms Act.
3. The brief facts of the case are that, one Mr.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 of “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 carrying on 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 by a pistol towards the ceiling of the shop and the bullet pierced into the ceiling of the shop and fell down. Immediately the wife of the complainant lifted a chair and threw the same on one of the miscreants. Immediately, the miscreants ran away from the spot.
4. Subsequently, accused Nos.1 to 4 have been arrested by the respondent-police and their voluntary statement was recorded. It appears, on the basis of the voluntary statement of the said accused persons, this petitioner has also been arraigned as an accused in the said case. The allegation against this petitioner is that, he sold the pistol to Accused No. 1. Except that, there is no other allegation against this petitioner. At present, it is not forthcoming from the records that, whether he shared the common intention along with other persons to commit the offence alleged in this case and that aspect has to be established by the prosecution during the course of full-dressed trial.
5. It is submitted by the learned counsel for the petitioner that, the accused persons have been arrested by the respondent-police and since the date of arrest, they are in judicial custody and absolutely no recovery is made at the instance of this petitioner (A7). Therefore, in my opinion, this petitioner (A7) may not be required for further custodial interrogation. Further, the learned counsel for the petitioner (A7) submits that, Accused Nos. 5 & 6 have already been released on bail by this Court in Crl. P. Nos. 7243/2019 c/w. 7124/2019 vide order dated 23.10.2019.
6. In the above facts and circumstances of the case, I am of the opinion that the petitioner has made out a ground for grant of bail. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioner (A7) –Saleem Pasha @ Amir Jan shall be released on bail in Cr.No.94 /2019 of Vyalikaval Police Station, Bengaluru, for the alleged offences, now pending before the Court of VIII ACMM Court, Bengaluru, subject to the following conditions:
i) The petitioner shall execute his 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE