IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8687/2017 BETWEEN:
Sri. Afshad Khan @ Harshad Khan, S/o. Mannan Khan, Aged about 27 years, R/at No.31/5, 8th ‘B’ Main road, New Gurappannapalya, Bengaluru South, Bengaluru – 560 029.
... Petitioner (By Sri.Prakasha K.V., Advocate) AND:
The State, By Hulimavu Police Station, Bengaluru, Represented by Special Public Prosecutor, High Court Building, Bengaluru – 560 001.
(By Sri. Chetan Desai, HCGP) ...Respondent This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.251/2017 of Hulimavu Police Station, Bengaluru, for the offence p/u/s 364A, 143, 148, 147, 307 r/w Sec.149 of IPC.
This Criminal Petition coming on for orders this day, the court made the following:
O R D E R This is a petition filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Section 143, 147, 148, 307, 364(A) r/w Sec.149 of IPC, registered in respondent police station Crime No.251/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
3. The counsel for the petitioner referring to the complaint averments and also other material made the submission that even looking to the very complaint itself it goes to show that no evidence under Sections 364(A) and 307 of IPC is said to have been committed. There is a false implication of the petitioner/accused No.3. He also made the submission that even the complainant has not sustained even single injury. Hence, he submits by imposing reasonable condition petitioner may be enlarged on bail.
4. Per contra, learned HCGP opposes the petition submitting that looking to the prosecution material there is a prima facie case of the alleged offence. One of the alleged offences is under Section 364(A), which is punishable with death or imprisonment for life. Hence, the petitioner is not entitled to be granted with bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials produced in the case. Looking to the prosecution material, the learned counsel for the petitioner has justified in making the submission that the material will not make out a case under Section 364(A) or under Section 307. At this stage, the petitioner has undertaken that he is ready to abide by any reasonable condition to be imposed by the Court. Hence, looking to the prosecution material produced, I am of the opinion it is a fit case to exercise discretion in favour of the present petitioner/accused No.3.
5. Accordingly, the Criminal Petition is allowed.
The petitioner/accused No.3 is ordered to be released on bail for the alleged offences, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE SV