IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.4276/2017 BETWEEN:
Sayeed Ahamed, S/o late Hussain Khana, Aged about 36 years, No.321, B.M. Street, Near Madina Chowka Cross, Channapatna Town, Ramanagara District 572159 Karnataka. ….PETITIONER.
(By Shri.Chandrashekara R.P., Advocate) AND:
State of Karnataka, By Channapatna East Police Station, Reptd. By State Public Prosecutor, High Court, Bengaluru -01. … RESPONDENT. (By Shri. S. Vishwamurthy, HCGP) This Criminal petition is filed under Section 439 of the Cr.P,.C., praying to enlarge the petitioner on bail in Crime No.2/2017 of Channapatna East Police Station, Ramanagara in C.C. No.452/2017 for the offence punishable under section 302, 120B, 201 read with 34 of IPC.
This petition coming on for orders this day, the court made the following:
ORDER Petitioner/accused No.4 is charge sheeted by the respondent police along with three others in Crime No.2/2017 for the offences punishable under Sections.302, 201, 120-B read with 34 of the IPC.
2. The allegation is that on 15.12.2016 when the deceased Mohammed Ali came to the factory where the accused Nos.1, 2 and 4 were working, this petitioner along with others committed his murder for gain. As designed earlier, the second and third accused strangulated his neck with rope, while the third accused had hold the deceased tightly. Thereafter, they shifted the body to a forest place and set fire and disposed off the body. During the course of investigation, the amount robbed from the deceased is seized from the possession of the accused Nos.1 to 3. From this petitioner a gold chain which was pledged by him and got released out of the booty gained during the incident is seized. This petitioner is said to be the principal conspirator. However, in the absence of direct eye witnesses, the case of the prosecution rests on the circumstantial evidence of the witnesses. The place where they set fire to the dead body was shown by the accused Nos.1 to 3.
3. Having regard to the facts and circumstances of the case, since the charge sheet is filed, there is no impediment to allow the petition.
4. The petition is allowed subject to the following condition:
i) The petitioner in crime No.2/2017 is enlarged on bail on his executing a self bond for a sum of Rs.2,00,000/- (Two lakhs) with two local sureties for the likesum to the satisfaction of the concerned court.
ii) He shall attend the court regularly on all the hearing dates.
iii) He shall not threaten or tamper the prosecution witnesses.
Sd/-
JUDGE Msu