IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7859 OF 2017 BETWEEN:
Shadab Ahmed Nadaf S/o Mohammed Iqbal Nadaf, Aged about 20 years, Occ – Student 1st year B.E.
In HMS Institute of Technology, Tumakuru, Residing at 2nd Cross, Near Sujatha Tent, Pipeline, Dasarahalli, Bengaluru – 560 078.
(By Sri: Hasmath Pasha, Adv) AND:
State of Karnataka By Bagalagunte Police, Bengaluru – 560 073.
(Represented by learned State Public Prosecutor).
(By Sri:S. Vishwamurthy, HCGP) ...Petitioner ...Respondent This Crl.P. is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.398/2017 of Bagalagunte Police station, Bengaluru city, for the offence P/U/S 341, 323, 307 R/w 34 of IPC.
This Crl.P. coming on for Orders this day, the Court passed the following:
ORDER The petitioner (Accused No.3) is in judicial custody in Crime No.398/2017 registered by the respondent police since 16.09.2017.
2. The allegation is, the accused Nos.1 to 3 in pursuance of their previous enemity against the complainant waylaid the complainant and his friend; this petitioner assaulted on the back of his head with Machette and inflicted blows and thereafter disappeared. The complainant became unconscious and at that time the cash amount of Rs.10,000/- and Nokia mobile from his pocket is missing. After gaining consiousness, he admitted to the hospital and lodged complaint on 11.09.2017. The petitioner is said to be prosecuting his B.E. first year. Weapon allegedly used for commission of office is seized from his possession. The victim has lodged the complaint after discharge from the hospital.
3. Having regard to the circumstances, there is no impediment to allow the petition.
4. Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.398/2017 registered by the respondent/Police, subject to the following conditions:-
i) He shall execute a self-bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court;
The father of the petitioner shall give an undertaking in writing to the Court about the proper behaviour of the petitioner during the further course of investigation.
ii) He shall appear before the Investigating Officer whenever called for during the further course of investigation and maintain himself as law abiding citizen.
Sd/-
JUDGE MH/-