IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8173/2019 BETWEEN MOHAMMED ABID @ ABID S/O MUBARAK AGED ABOUT 19 YEARS R/AT #651, 1ST CROSS HEGDENAGARA BENGALURU (BY SRI. K. RAM SINGH, ADVOCATE) AND STATE OF KARNATAKA BY SAMPIGEHALLI POLICE STATION BENGALURU REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA ... PETITIONER BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.182/2019 OF SAMPIGEHALLII POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 143, 144, 147, 148, 341, 323, 307 READ WITH 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. A person by name Mr. Karthik has lodged a complaint on 15.10.2019 and on the basis of which, the respondent-Sampigehalli Police have registered a case in Crime No. 182/2019 against the petitioner (A2) and other five accused persons for the offence punishable under Sections punishable under Sections 143, 144, 147, 148, 341, 323, 307 r/w 149 of IPC.
3. The brief facts of the case are that, the complainant’s brother by name Shiva, aged about 21 years, was doing a labour work in a factory. It is alleged that there were some differences between the said Shiva and one accused-Mohin. In that context, it is alleged that, on 15.10.2019 at about 7.30 p.m., when the said Shiva was in Bismillah Tea Shop, near Sai Hospital at Hegade Nagar, the petitioner and other accused persons viz., Habib, Mohin, Roshan, Ameen, Khadeer, Suhel formed themselves into an unlawful assembly and assaulted the said Shiva. It is alleged that, the accused-Mohin stabbed the said Shiva with a knife on the right side of the stomach and also assaulted on the right side shoulder and made attempts to kill him. At that time, the complainant (brother of the Injured-Shiva) and his friend one Mr. Manja went to the spot and shifted the injured to the hospital.
4. On the above said allegations, the respondent-police have nabbed Accused No.1 and recorded his statement and it is alleged that during his statement, he has disclosed the name of this petitioner (A2) and as such, the police have implicated this petitioner as one of the accused. The allegation against this petitioner is that, he was present at the spot and at the time of incident. Except that, no other allegation has been made against this petitioner (A2) with regard to his overt-act. Particularly, even considering the statement of the victim-Shiva and the Complainant- Karthik, the allegation is against other accused persons, particularly against Accused No.1, who said to have stabbed the injured to the stomach with a knife.
5. Looking to the above facts and circumstances of the case, the allegation is against other accused persons, particularly against Accused No.1. Further added to that, this petitioner was already arrested and he has been in judicial custody since the date of his arrest. This indicates that, he is no more required to any further investigation. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A2)-Mohammed Abid @ Abid (Mohin) shall be released on bail in connection with Crime No.182/2019 of Respondent-Sampigehalli Police Station Station, Bengaluru District, for the aforesaid offences, now pending before the Court of Chief Metropolitan Magistrate, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in a week ie., every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/-
JUDGE