IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3277/2019 Between:
Sri P.M. Ashraf, S/o Mammad, Aged 33 years, R/at Mallikarjuna Colony, Garagandur Village, Somwarpet Taluk, Kodagu District – 571 236. … Petitioner (By Sri R.D. Pacham, Advocate) And:
State of Karnataka, By Sunticoppa Police Station, Rep. by SPP, High Court Building, Ambedkar Veedhi, Bangalore – 560 001. … Respondent (By Sri K.P. Yoganna. HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.42/2015 (C.C. No.362/2016) of Sunticoppa Police Station, Kodagu District for the offences p/u/s 341, 143, 144, 147, 148, 307, 323 r/w 149 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on anticipatory bail in the event of his arrest with respect to the proceedings in Crime No. 42/2015 for the offences punishable under Sections 341, 143, 144, 147, 148, 149, 307 and 323 of IPC.
2. The case of the prosecution is that the respondent – Police have registered a case in Crime No.42/2015 for the aforestated offences based on the complaint filed by one Musthafa. It is stated that the accused had formed an unlawful assembly with the common object of committing murder. With respect to the said complaint, it is made out that accused Nos. 5 to 9 had assaulted and caused simple injuries to C.Ws.
1 to 3. On the basis of the complaint, FIR was registered, investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner states that immediately after the incident, petitioner has gone outside the country and has been residing in Bahrain and that the petitioner was not served with notice and in fact case against the petitioner has been proceeded with in the split up case in C.C. No. 362/2016. It is further submitted that as regards the other accused, after trial S.C.Nos. 41/2016 and 88/2016 have ended in acquittal of the accused on the ground that the witnesses have not supported the case.
4. Learned counsel for the petitioner states that petitioner is entitled to necessary relief in light of acquittal as regards the other accused and has filed petition under Section 482 of Cr.P.C. However, it is submitted that the petitioner is entitled to be enlarged on bail as he is ready to co-operate with the disposal of the trial and he has come to know of the proceedings recently.
5. Taking note of the fact that the other co- accused have been acquitted, in light of undertaking of the petitioner to co-operate with the trial without prejudice to his rights to proceed with the proceedings in the petition filed under Section 482 of Cr.P.C., petitioner is entitled to be enlarged on bail in the event of his arrest.
6. In the result, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No. 42/2015 for the offences punishable under Sections 341, 143, 144, 147, 148, 149, 307 and 323 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the concerned Court in connection with Crime No.42/2015 within three weeks from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/-
(Rupees One Lakh 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) The petitioner shall co-operate with further investigation by appearing before the Investigating Officer as and when he is called upon.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) 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