IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7385/2017 Between:
Syed Aslam @ Prem S/o Syed Pyarejaan Aged about 40 years R/at Kinnappa Building Chikkakammanahalli Gottigere Post, Bannerghatta Road Bengaluru – 560084 …Petitioner (By Sri Pradeep C.S., Advocate) And The State of Karnataka Rep. by: Adugodi Police High Court Government Pleader High Court of Karnataka, Bengaluru- 560 001 …Respondent (By Sri S.Vishwamurthy, HCGP.) This criminal petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.255/2013 (S.C.No.1423/2013) of Adugodi P.S.
Bengaluru for the offence p/u/s 376(2)(G), 323, 506B, 394 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner/accused No.1 along with three others is chargesheeted by the respondent-police in respect of the offences punishable under sections 376(2)(G), 323, 506(B), 394 read with section 34 of IPC. The accused No.4 is absconding.
3. For adjudication of this petition, for the present, it is noticed that the accused Nos.2 and 3 who stand on same pedestal with this petitioner are enlarged on bail by order of this Court dated 06.09.2017. It is also submission at the Bar that the trial is in progress and victim is not examined full. On her examination-in- chief, cross examination was deferred reserving right of cross-examination after completion of evidence of eye witnesses. But eyewitnesses CWs.2 to 4 could not be procured by the prosecution and they are dropped. The petitioner is in judicial custody for about 4 years 2 months. He undertakes to abide by any conditions that may be impose on him by this Court.
4. In the light of the above circumstances, the petition is allowed. Petitioner is enlarged on bail in Cr.No.255/2013 subject to the conditions that he shall execute a self bond for a sum of Rs.1,00,000/- (rupees one lakh only) with one surety for the likesum to the satisfaction of the concerned Court and he shall attend the Court regularly on all the hearing dates.
Sd/- JUDGE DL