IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4674/2019 BETWEEN SYED SAMI S/O. SYED MAZAR AGED 23 YEARS R/AT. #23, 5TH CROSS 1ST MAIN ROAD, SHANTHINAGAR MYSURU – 570 019 ... PETITIONER (BY SRI. PRABHUSWAMY, ADVOCATE FOR SRI. JAGADEESH C.M, ADVOCATE) AND STATE BY UDAYAGIRI POLICE STATION MYSURU DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING 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.261/2018 OF UDAYAGIRI POLICE STATION, MYSURU CITY FOR THE OFFENCE P/U/Ss. 114, 120-B, 201, 449, 302 AND 307 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. In this case, Accused No.1 is the husband of CW.2, Accused No.2 (the petitioner herein) is the brother of Accused No.1 and Accused No.3 is the father of Accused No.1. The allegations as per the charge sheet are that, Accused Nos.1 to 3 were always demanding dowry from Smt. Naziya Banu (CW.2), the wife of one Syed Suhail (A1). In this context, the complainant (CW.2-Nazia Banu) along with her child left the matrimonial house and residing in her parents’ house since three years, from the date of alleged incident.
3. It is alleged that on 20.07.2018, the family court has passed an order against Syed Suhail (A1), the husband of Naziya Banu, for imprisonment because, he has not paid the maintenance amount ordered by the court in favour of CW.2-Nazia Banu and her child. Therefore, Accused Nos. 1 to 3 were grinding axe against the laid lady and particularly, Accused Nos.2 & 3 caught hold the deceased ie., the father of CW.2 by name Aslam Pasha and they assaulted him with hands and actually Accused No.1 was not present there at that time and later he came with a chopper and assaulted on the head and other parts of the body of Aslam pasha, who succumbed to the injuries later. It is alleged that, Accused No.1 also assaulted CWs.2 and 3 with the same chopper and ran away from the spot.
4. Looking to the above said allegations, even as stated by the eyewitnesses, it is clear that when Accused Nos.2 & 3 were assaulting the deceased with the hands, Accused No.1 was not there and this petitioner (A2) was not armed with any weapon. Accused No.1 only came later, who assaulted the deceased with a chopper on various parts of his body. Therefore, the common intention has to be proved by the prosecution during the course of full-dressed trial and also whether this petitioner (A2) was also intended to do away with the life of the deceased has to be thrashed out during the course of trial.
5. In the above said facts and circumstances, the whole allegations are only against Accused No.1. Hence, the petitioner (A2) is entitled to be enlarged on bail on stringent conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A2)-Syed Sami shall be released on bail in connection with Special Case No.273/2018, [Crime No. 261/2018 of Udayagiri Police Station, Mysuru City], registered for the offence punishable under Sections 114, 120(B), 201, 449, 302 and 307 of IPC, now pending before the Court of II Addl. District and Sessions Judge, Mysuru, 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 two sureties 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.
KGR* Sd/-
JUDGE