IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5026/2019 BETWEEN:
Syed Siddiq @ Gabbad S/o Syed Kaleem Pasha Aged about 22 years R/at No.3390, 12th Cross Near Masjid and Mushthak Hotel D.J.Halli, Bengaluru-560 045 (By Sri A.S.Kulkarni, Advocate) AND:
State of Karnataka by High Grounds Police Station Bengaluru – 560 052 Represented by State Public Prosecutor High Court Building Bengaluru – 560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.177/2018 of High Grounds Police Station, Bengaluru City for the offence punishable under Section 302 read with Section 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 HCGP for the respondent-State. Perused the records.
2. The respondent-police have laid a charge sheet against three accused persons. The petitioner is arraigned as accused No.3.
3. The brief allegations are that, accused Nos.1, 2 and 3 and also the deceased Syed Fairoz are all friends. There was some differences arose with regard to snatching of Rs.10,00,000/- (Ten Lakhs only) by the deceased with accused No.1. They were consuming alcohol together. Therefore, accused Nos.1 and 2 were not happy with deceased as he had some grievance as accused No.2 has assaulted one Mr. Abdul Suban. In this context on 07.12.2018 accused Nos.1 and 2 have committed murder of deceased Syed Fairoz by assaulting him with a club and as well as thrown a stone on the face of the deceased and threw the dead body in a drainage. On the next morning at about 10.00 am, when accused No.3 met accused Nos.1 and 2, then they told that they have committed murder of deceased and they went near the drainage where the dead body was put inside the drainage and they also put some plastic pipes and plastic bags so as to disguise the legs of the said dead body. Except this there is no allegations against this petitioner that he has any motive or he has participated in commission of the murder of the deceased. Therefore, under the above said facts and circumstances of the case, the petitioner is entitled to be enlarged on bail particularly under Section 439 of Cr.P.C. Hence the following:
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in S.C.No.459/2019 (arising out of Crime No.177/2018) on the file of the 52nd Additional City Civil and Sessions Judge, Bengaluru, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the 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 of the court till the case registered against him is disposed of.
Kmv/-
Sd/- JUDGE