IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 4427/2019 Between:
Sri. Mohammed Haneef S/o. P. K. Abbas, Aged about 38 years, R/o. No.2-141, D Perne House, Perne Post, Billiyoor Village, Bantwal D. K 574 325.
… Petitioner (By Sri. Vishwajith Shetty S., Advocate) And:
State of Karnataka Kankanady Town Police Station, Represented by State Public Prosecutor High Court Buildings, Bengaluru 560 001.
…Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.41/2019 of Kankanady Town Police Station, registered for the offence punishable under Sections 120B, 302 read with Section 34 of IPC pending on the file of IV Additional District and Sessions Judge, D. K., Mangalore.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.41/2019 for the offences punishable under Sections 120B, 302 read with Section 34 of IPC.
2. The case of the prosecution is that the Sub- Inspector of Police along with other officials on the basis of credible information went near Padil Junction and found that some persons were coming in Alto car and proceeding towards Mangalore. On enquiry, it is alleged that the said persons had confessed regarding conspiracy to commit the murder of Sameer and Ummer Navaf, who were allegedly involved in the murder of Illiyas. On the basis of the complaint case was registered for the aforestated offences. During the course of investigation, it is stated that the petitioner was arrested on 17.05.2019.
3. Learned counsel for the petitioner states that the question of invoking Section 302 does not arise as there is no death. It is stated that Sameer and Ummer Navaf with respect to whom the accused are said to have conspired to do away with are persons with criminal antecedents. He further submits that the case is on weak grounds as offence has not been committed and if at all petitioner and other accused were involved in any criminal offence relating to the conspiracy of murder of Sameer and Ummer Navaf, the matter has to be proved in trial.
4. Taking note of the above said facts, prima facie question of invoking Section 302 does not arise as there is no death. Whether the allegations that are made constitute an offence is a matter for trial. Looking into the nature of the allegations, the petitioner is entitled to be enlarged on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.41/2019 for the offences punishable under Sections 120B, 302 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.41/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `50,000/- (Rupees Fifty thousand only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iii) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(iv) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP