IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1346 OF 2017 BETWEEN:
SHAHID PASHA @ PAPU S/O. LATE SYED KARIM, AGED ABOUT 44 YEARS, R/AT NO.1, 9TH MAIN, SHAMANNA GARDEN, BENGALURU-560 026.
... PETITIONER (BY SRI RAM SINGH K., ADV., FOR M/S K.RAM SINGH & ASSTS., ADVS.,) AND:
STATE OF KARNATAKA BY BANASHANKARI POLICE STATION, BENGALURU-560 070.
REP. BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.91/2014 (C.C.NO.10886/2015) OF BANASHANKARI POLICE STATION, BANGALORE CITY, FOR THE OFFENCE P/U/S 120(B), 143, 147, 148, 342, 302 AND 201 R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The petitioner/accused No.8 along with accused Nos.1 to 7 is charge sheeted by the respondent-Police in their Crime NO.91/2014 for the offences punishable under Sections 143, 147, 148, 342, 302, 120(B) and 201 read with Section 149 of IPC.
2. The specific role attributed to the petitioner by the prosecution is, on the direction of accused No.5 (at whose instance accused Nos.1 to 4, 6 and 7 committed the murder of deceased Naveen Kumar @ Surya @ Appu) he paid a sum of Rs.1,75,000/- to accused No.1. Accused No.1 is enlarged on bail by the order of this Court in Crl.P.No.3891/2015 dated 9.7.2015 and accused No.2 in Crl.P.No.5409/2014, accused No.5 in Crl.P.No.7978/2014 and accused No.3 in Crl.P.No.6495/2014 have been enlarged on bail by this Court. The investigation since complete and having regard to the specific role attributed to this petitioner in the alleged offence, there is no impediment to enlarge the petitioner on bail.
3. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.91/2014 registered by the respondent- Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one surety for the likesum. The surety shall furnish his Aadhar Card and original title deed pertaining to his immovable property for perusal of the Court;
(ii) He shall attend the Court on all hearing dates regularly and punctually;
(iii) He shall not tamper the prosecution witnesses;
(iv) He shall not leave the jurisdiction of the Sessions Court without prior permission of the Investigating Officer till disposal of the petition case.
Sd/- JUDGE PB