IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5757 OF 2019 Between:
1. Syed Shahid @ Shahid, S/o. Late Syed Rafiq, Aged about 18 years, Residing at No.83, I Cross, Shadab Nagar, Kaval Byrasandra, R.T.Nagar Post, Bengaluru-560045.
2. Wahid Shriff, S/o. Sri. Hameed Shariff, Aged about 22 years, R/at No.4th Cross, Shadab Nagar, Kaval Byrasandra, R.T.Nagar Post, Bengaluru-560045.
3. Syed Ashwaq Hussain @ Ashu @ Neembu, S/o. Syed Chand Pasha, Aged about 22 years, R/at No.4, 4th Cross, Shadab Nagar, Kaval Byrasandra, R.T.Nagar Post, Bengaluru-560045.
... Petitioners (By Sri. A.S.Kulkarni, Advocate) And:
State of Karnataka By Kothanur Police Station, Bengaluru-560077.
Represented by State Public Prosecutor, High Court Building, Bengaluru-560001.
(By Sri. Honnappa, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in CR.No.77/2019 of Kothanur Police Station, Bengaluru City for the offence punishable under Section 323, 341, 342, 376 & 395 of IPC.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER The petitioner nos.1 to 3 are arraigned as accused nos.2 to 4 in S.C.No.1515/2019 pending on the file of 53rd Addl. City Civil and Sessions Judge, Bengaluru.
2. The brief facts of the prosecution case as per the charge sheet is that on 21.06.2019, in the morning hours at about 1.00 a.m. when CW-1, victim lady was proceeding in an autorickshaw to go to Nagawara, accused no.3 was actually riding the said autorickshaw which capsized after moving for a distance. Thereafter the accused persons have taken the said victim lady to the hospital and they have claimed for the amount which was spent for the purpose of treatment. Thereafter they came back to the house of the victim and the accused persons have threatened them with dire consequences and robbed a sum of Rs.30,000/- and also some gold articles. The accused no.1 has also committed rape on the victim lady. The charge sheet has already been filed. The main allegations are against accused no.1 who has actually committed rape on the said lady and threatened the children and others with dire consequences. Accused nos.2 to 4 appears to have been outside the house and in fact they were already nabbed by the police and recovery has already been made. The charge sheet has already filed. Accused no.1 who has committed rape on the victim lady has been specifically identified by the victim during the identification parade. In these circumstances, I am of the opinion as there are no other previous antecedents and no cases are pending against the above said petitioners 1 to 3, they are entitled to be enlarged on bail during the course of the trial. Hence the following :
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No. 77/2019 of Kothanur Police Station, registered for the offence punishable under sections 323, 342, 376 and 395 of IPC subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/-(One Lakh only) each with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/- JUDGE sd