IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9238 OF 2017 BETWEEN:
Sri Zulfikar Ahamed Khan, S/o.Fazaulla Khan, Aged about 40 years, R/at Opp. BCM Hostel, Kerebilachi Village, Channagiri Taluk, Davanagere District – 577 002. ... Petitioner (By Smt.Haleema Ameen, Advocate A/w.Sri Vishwajith Shetty S., Advocate) AND:
State of Karnataka, By Police Inspector, Santhebennur Police Station, Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001. ...Respondent (By Sri Chetan Desai, Advocate) This criminal petition is filed under Section 438 Cr.P.C. praying to enlarge the petitioner on bail in Crime No.159/2017 of Santhebennur Police Station, Davanagere District for the offences punishable under Sections 143, 147, 307, 498A, 506 r/w. Section 149 of IPC and etc.
This criminal petition, coming on for orders, this day, the Court made the following:
ORDER This is the petition filed by petitioner accused under Section 439 Cr.P.C. seeking release on bail for the alleged offences punishable under Sections 143, 147, 307, 498A, 506 r/w. Section 149 of IPC registered in respondent Police Station in Crime No.159/2017.
Deposi 2. Heard the arguments of learned counsel appearing for the petitioner so also learned High Court Government Pleader for the respondent State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
4. Looking to the complaint averments, no doubt, there are allegations that the petitioner and the other family members were suspecting about the fidelity of the complainant and they were giving ill treatment, both physically and mentally, but these allegations are denied by the petitioner in the bail petition grounds.
Even though it is stated that there was an assault made to the complainant but during the course of hearing of the petition it is submitted that the complainant sustained simple injuries and she has taken treatment as outpatient. Looking to these submissions made, it goes to show that her life is out of danger and she is safe as of now. The alleged offences are triable by the Magistrate Court. Though the offence under Section 307 is non-bailable, but it is not exclusively punishable with death or imprisonment for life. Therefore, petitioner can be admitted to regular bail by imposing reasonable conditions.
5. Accordingly, the petition is allowed. The petitioner/accused is ordered to be released on bail for the offences punishable under Sections 143, 147, 307, 498A, 506 r/w. Section 149 of IPC registered in respondent Police Station in Crime No.159/2017, subject to the following conditions:
(i) The petitioner has to execute a personal bond for `50,000/- (Rupees fifty thousand only) and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly.
(iii) He has to appear before the concerned Court regularly.
Sd/- JUDGE Cm/-