IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6342/2019 BETWEEN:
1. MR. SYED VASEEM @ VASEEM S/O SYED ASGAR JAN AGED ABOUT 33 YEARS R/AT NO.16, 17TH CROSS GOVINDAPURA, NAGAVARA MAIN ROAD AREBIC COLLEGE POST BENGALURU-560 045.
2. MR. ROSHAN ULLA BEG @ ROSHAN S/O SANULLA BEG AGED ABOUT 26 YEARS R/AT FRONT OF SARKARI URDU SCHOOL NEAR VENKATESHWARA AUTO GAS BUNK NAGAVARA MAIN ROAD BENGALURU-560 045.
(BY SRI: MOHAMMED FARUKE, ADV.,) AND:
THE STATE OF KARNATAKA THROUGH CHIKKAJALA POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-560 001.
(BY SRI: ROHIT B.J., HCGP) ...PETITIONERS ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.26/2019 OF CHIKKAJALA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 397 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 respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos. 1 and 2 in Crime No.26/2019 of Chikkajala Police Station, Bengaluru city for the offence P/U/S 394 of IPC.
3. The brief facts of the case are that on 14.03.2019 at about 4.20 A.M., when the complainant by name Shivaji Apparayi Rayappagowda was proceeding to airport for his work, at that time, it is alleged that the accused Nos. 1 and 2 intersected him and asked him to give whatever he has with him. He told the accused persons that he is not having anything with him. It is alleged that accused No.3 has assaulted him with a chopper on his right shoulder. Thereafter, the records disclose that he has taken treatment and he is discharged from the hospital and that he had sustained some simple injuries.
4. The learned counsel for the petitioners submits during the course of the argument that the accused also suffered injuries on the same day. Whether there is any scuffle between two persons is also to be tested during the course of trial. Looking to the nature of the trial, there was no robbery attempt alleged against the accused persons. The petitioners were already arrested on 20.03.2019 and since then they are in judicial custody. The charge sheet has already been filed. The case in S.C.No.15021/2019 registered is pending on the file of V Additional District and Sessions Judge, Devanahalli and the offence is not punishable with death or imprisonment for life. There are other two cases in which the accused persons are already on bail.
5. In the above said facts and circumstances considering the incarceration of the petitioners, in my opinion, the petitioners are entitled to be enlarged on bail. Hence, I proceed to pass the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with S.C.No.15021/2019 pending on the file of V Additional District and Sessions Judge, Devanahalli, for the offence punishable for the offence P/U/S 394 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees One Lakh only) with one solvent 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.
Sd/- JUDGE SSD