IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7712/2019 BETWEEN:
Salman Khan @ Salman, S/o Chand Pasha, Aged about 23 years, R/a No.347, 10th Main, Near Asnaes Masjid, Mohan Kumar Nagar, Yeshwanthpur, Bengaluru – 560 022.
(By Sri.Anees Ali Khan, Advocate) AND:
State by R.M.C. Yard P.S., Bangalore – 560 022.
Represented by the State Public Prosecutor, High Court of Karnataka, High Court Buildings, Bangalore – 560 001.
(By Sri.Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.27/2019 of R.M.C. Yard Police Station, Bengaluru City For the offence P/U/S 353, 332, 307 of IPC.
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. The petitioner is arraigned as accused No.3 in Crime No.27/2019 of RMC Yard Police Station, Bengaluru City for the offence punishable under Sections 353, 332 and 307 of IPC. After respondent-Police submitted charge- sheet, a Sessions case has been registered in SC.No.1273/2019 against the accused persons.
3. Brief facts of the case are that Yeshwanthpur Police personnel including the complainant by name Y.Mudduraja were deployed for the purpose of apprehending the accused in Crime No.36/2019 for the offence punishable under Sections 309, 397 and 114 read with Section 34 of IPC. The police got credible information that on 26.01.2019 the accused persons were near Plantinum City Apartment, Pipeline road, Yeshwanthpur. The police personnel went there on 27.01.2019 in the night hours at about 2.10 am and found the accused persons behind Platinum Apartment, Pipeline Road. On seeing police, accused No.1 who was holding deadly weapon has assaulted the police personnel, in turn, to defend themselves, the complainant has fired with service revolver, due to which, accused No.1 sustained injuries and fell down. Other two accused ran away from the spot.
4. Looking to the materials on record, it shows that charge-sheet has already been prepared and there is no specific allegation against the petitioner and he is granted bail in Crime No.36/2019.
5. Under the above stated facts and circumstances, as the injuries caused to the complainant are simple in nature and also during the course of full dressed trial it has to be established that all accused persons had common intention to cause such bodily injury to the complainant so as to draw an inference that same was sufficient to cause the death of the person. Under the above stated facts and circumstances, the petitioner-accused No.3 is entitled to be enlarged on bail with stringent conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused No.3 shall be released on bail in connection with S.C.No.1273/2019 (arising out of Crime No.27/2019) on the file of LXVII Additional City Civil and Sessions Judge, (CCH -68) Bengaluru, for the alleged offences, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties 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 SB