IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.3900 OF 2017 Between:
1. Syed Tabrez, S/o Late Syed Nazeer, Aged about 24 years, R/of 3rd Cross, Muslim Colony, Shampur Main Road, K.G. Halli, Bengaluru-560 045.
2. Shuaib Ahmed, S/o Ashwaq Ahmed, Aged about 26 years, R/of 7th Cross, Behind K.G. Halli Police Station, Ubaid Nagar, K.G. Halli, Bengaluru-560 045. ... Petitioners (By Sri.Anees Ali Khan, Advocate for Sri.Younous Ali Khan, Advocates) And:
State by Commercial Street P.S, Bengaluru.
Represented by The State Public Prosecutor, High Court of Karnataka, High Court Buildings, Bengaluru – 560 001. ... Respondent (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed u/s 439 Cr.P.C praying to enlarge the petitioners on bail in Crime No.119/2016 of Commercial Street P.S, Bengaluru for the offences P/U/S 143, 144, 147, 148, 120B, 302 r/w 149 of IPC.
This criminal petition coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
2. The petitioners (accused Nos.8 and 9) along with co-accused are chargesheeted in Crime No.119/2016 registered by the respondent-police in respect of offences punishable under Sections 143, 144, 147, 148, 120B, 302 r/w 149 of IPC.
3. The allegation of the prosecution is, the first accused to wreak out his vengeance against the accused, on 01.10.2016 procured him near a tea shop, at about 04.35 p.m. accused Nos.1, 2 and 3 picked up quarrel with him for eloping with their sister for 3 days; Accused Nos. 1 to 7 and 9 assaulted him to death and thereafter escaped in two cars. Accused No.8 is said to have abetted the offence by facilitating them to escape in Toyota Qualis car by driving them away.
4. Perused the chargesheet papers. These petitioners were not named in the complaint or during the inquest mahazar. It is only on the voulantary statement of accused No.1 on 04.10.2016, their names was brought on record. Knifes allegedly used for commission of the offence by accused No.9 are seized from the car during recovery of Toyota car. Investigation since complete, there is no impediment to allow the petition.
5. Petition is allowed. Petitioners are enlarged on bail in Crime No.119/2016 registered by the respondent- Police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one local surety for the likesum to the satisfaction of the concerned court.
(ii) They shall mark their attendance before the S.H.O of respondent-police on every Wednesday during the office hours till the conclusion of the trial.
(iii) They shall attend the Court on all the dates of hearing.
(iv) They shall not threaten the prosecution witnesses.
LL/DN Sd/- JUDGE