IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7868/2019 BETWEEN:
SHAFI AHMED @ SHAFIULLA KHAN @ SHAFI S/O. LATE AZEEZ KHAN @ AZEEZULLA KHAN AGED ABOUT 28 YEARS R/O. NO.13TH CROSS, P.H.COLONY TUMAKURU - 572106 ... PETITIONER (BY SRI MOHAMMED UMMAR FAROOQ, ADV.,) AND:
STATE BY THILAK PARK POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 01 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.56/2019 (C.C.NO.4173/2019) OF THILAK PARK P.S., TUMAKURU FOR THE OFFENCE P/U/S 399, 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner, learned HCGP for respondent-State and perused the records.
2. Petitioner is arraigned as accused No.1 in Cr.No.56/2019 of Thilak Park Police Station for the offences punishable under Sections 399 and 402 of IPC.
3. The brief factual matrix of the case are that respondent-police while on rounds on 21.06.2019, found some six to seven persons holding deadly weapons like club and other weapons in their hands, with an intention to commit dacoity, at the place called Chill out bar, ring road, Tumakuru. Police had arrested the said persons and recovered those deadly weapons and choppers etc., 4. Learned HCGP has brought to the notice of this Court that there are as many as nine cases pending against the petitioner and others. However, at this stage, the same is not sufficient to come to a conclusion that pendency of this case or other cases against the petitioner cannot forbid from granting bail to the petitioner, as prima facie material so far as this case has to be considered by this Court.
5. Considering the nature of allegations and facts of the case, the police only on the basis of suspicion that those persons gathered there at that place for the purpose of committing dacoity, had arrested the accused persons. But, the fact that suspicion cannot be taken as a strong ground or proof at this stage to come to a conclusion and proof has to be established during the course of full fledged trial that the petitioners were actually assembled there and prepared themselves to commit dacoity.
6. Under the above said facts and circumstances of the case, when the accused persons i.e., accused Nos.2, 5 & 7 and accused Nos.3 and 4 were already released on bail by this Court in Crl.P.Nos.5924/2019, 5660/2019 and 5368/2019, the petitioner/accused No.1 is also entitled to be enlarged on bail on the ground of parity. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.56/2019 of Thilak Park Police Station registered against him for the offences punishable under Sections 399 and 402 of IPC, 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 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.
(v) The petitioner shall mark his attendance once in 15 days i.e., on any Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE HJ