IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7519 OF 2017 BETWEEN:
1. SHAKIB @ SHAKIB S/O.AMANULLHA AGED ABOUT 21 YEARS R/AT.#84, 16TH CROSS HALL ROAD, SAGAYA PURAM COCONUT GARDEN FRAZER TOWN BANGALORE – 560 005.
2. SHABAS KHAN S/O.NOUSHAADH KHAN AGED ABOUT 20 YEARS R/AT.NOORULLA BUILDING BILAL MASJIDH K.G.HALLHI MAIN ROAD BANGALORE – 560 005.
... PETITIONERS (BY SRI.GIRISH.M., ADV.,) AND:
STATE OF KARNATAKA BY MADIWALA POLICE STATION BANGALORE REP. BY ITS SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001.
(BY SRI.CHETAN DESAI, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.14/2017 OF MADIVALA POLICE STATION, BANGALORE AND S.C.NO.995/2017 ON THE FILE OF LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE FOR THE OFFENCE P/U/S 304 R/W.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioners - accused Nos.2 and 3 under Section 439 of Cr.P.C. seeking their release on bail of the offence punishable under Section 302 read with Section 34 of IPC. But after completing of investigation, charge sheet came to be filed for the offence under Section 304 read with Section 34 of IPC.
2. Heard the arguments of the learned counsel appearing for the petitioners and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and also other materials produced by the petitioners along with the petition, so also the order of the learned Sessions Judge, Bengaluru City, rejecting the bail application of the present petitioners. The father of the deceased is the complainant in this case, wherein the allegation are made against the petitioners and another accused that these accused persons took his deceased son with an intention to commit his murder they have pushed him and thereby caused the death of his son. On the basis of the said complaint, though at the first instance case came to be registered for the offence under Section 302 of IPC, but during investigation and after considering the materials during investigation, the statement of the security guard of the said place and other witnesses ultimately, the Investigating Officer filed the charge sheet for the offence under Section 304 read with Section 34 of IPC. The materials collected during investigation also goes to show that the deceased and the petitioners along with another accused went to the said place in order to celebrate New Year. They have insisted the deceased to have drinks, for which he refused. But petitioners and another accused forced him to have drinks, in that process, they pushed him and he fell down from the building and thereby, he sustained injuries and died.
4. Looking to the materials at this stage and in view of the grounds urged in the bail petition, it cannot be said that it is an intentional act or it is premeditated act. The petitioners contended that they are innocent and not involved in committing the alleged offences and that there is false implication of the petitioners. They also submit that they are ready to abide by the reasonable conditions to be imposed by the Court. Investigation is completed and charge sheet is also filed. The alleged offence under Section 304 of IPC is not exclusively punishable with death or imprisonment for life. In view of these materials, by imposing reasonable conditions, petitioners – accused Nos.2 and 3 can be admitted to regular bail.
5. Accordingly, petition is allowed.
Petitioners/accused No.2 and 3 are ordered to be released on bail for the offence punishable under Section 304 read with Section 34 of IPC, subject to the following conditions:
i. Petitioners to execute a personal bond for Rs.1,00,000/- each and has to furnish one surety each for the likesum to the satisfaction of the concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners have to appear before the concerned Court regularly.
VMB Sd/- JUDGE