Karnataka High Court

CRL.P/5925/2017 of ABDUL RASHEED Vs STATE OF KARNATAKA on 28 December 2017

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HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.5925 OF 2017 c/w CRIMINAL PETITION NO.8990 OF 2017 CRL.P.NO.5925/2017 BETWEEN: ABDUL RASHEED S/O BAVA AGE: 30 YEARS R/ A KAPU, BELAPU HOUSE

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28[TH|]DAY OF DECEMBER 2701/

BEFORE.

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO|CRIMINAL PETITION NO.5925 OF 2017 c/wCRIMINAL PETITION NO.8990 OF 2017

CRL.P.NO.5925/2017

BETWEEN

ABDUL RASHEEDS/O BAVA|AGE: 30 YEARS.R/A KAPU, BELAPU HOUSEDARGA ROAD, KAPU HOUSEUDUPI DISTRICT - 5/74 231(BY SRI.B.LETHIF, ADV.)

—_ PETITIONER

AND:

STATE OF KARNATAKABY BELLARE POLICE STATION|D.K.DISTRICTREP. BY SPPHIGH COURT BUILDINGBANGALORE - 560 OOL1_. RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)

This Criminal Petition is filed under Section 439 ofCr.P.C., praying to enlarge the petitioner on bail in Crime|No.6/2016.of|BellarePoliceStation,LD. Kanc

C.C.No.646/2016 for the offence punishable under Sections|120(B), 109, 302, 201 of IPC.

CRL.P.NO.8990/ 201

BETWEEN

ABBAS @ IBNU ABBASS/O MOIDEENAGE: 32 YEARS.R/O CHOKKABETTU JUNCTIONNEAR CHURCH, SURATKALMANGALORE, D.K. 583 126|

—. PETITIONER

(BY SRI.LMUZAFFAR AHMED, ADV.)

AND:

STATE OF KARNATAKABY BELLARE P:S.REP. BY STATE PUBLIC PROSECUTOR.HIGH COURT OF KARNATAKA —- 560 OO]

.. RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)

This Criminal Petition is filed under Section 439 ofCr.P.C., praying to enlarge the petitioner on bail in Crime|No.6/2016|of|BellarePoliceStation, D.K.ancC.C.No.646/2016 pending on the file of Civil Judge and|JMFC, Sullia for the offence punishable under Sections|120(B), 109, 302, 201 of IPC.

These Petitions coming on for Orders this day, tneCourt made tne following:-_

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ORDER

When Cri.P.No.5925/2017 was taken up fordisposal, learned counsel Sri.Muzaffar Ahmed submits.that Cri.P.No.8990/201/7 at SI.No.75 in the cause listfiled under Section 439 of Cr.P.C. Is connected toCri.P.No.5925/2017. Thus, both petitions are taken up.for common disposal.

2. The case is registered on the strengtn ofcomplaint filed by one Basneer Anammad on 23.9.2016.Stating that on 23.9.2016 at about 1.30 p.m. his brotherHaneef.telepnonedNim|CO inform|that|IsmallNelyamajalu aged 52 years was done to deatn byunknown culprits by inflicting serious injuries on his—neck and hands. The complainant rusned to spot andlodged report on 23.9.2016 at about 5.30 p.m. Thecase came to be registered for the offence punishableunder Section 302 against unknown persons.

3. Learned counsel for the petitioners wouldsubmit that there is a civil dispute between the deceased and accused Nos.4 and 5 and the petitionersNave been intentionally nooked in the criminal case.

4Learned|High.CourtGovernmentPleader|Opposesthe|applicationsand|submitsthat|the|petitioners are having man and muscle power and wouldnarm the complainant witnesses to deter them fromdeposing.

5. The petitioners are said to be in judicial custody|from October 2016. It Is also stated that accused Nos.4|and 7 nave been enlarged on Dail.

6. In the context, considering the judicial custodyof the petitioners, it appears to be just and proper to.enlarge them on Dail. However, the apprehensions of.the prosecution may be observed by imposing suitable.conditions.

7. Accordingly, the petitions are allowed. Thepetitioners / accused are ordered to be released on bail forthe offence punishable under Section 302 of IPC)

registered in Crime No.6/2016, subject to the following:

conditions:

$+&Thepetitionershave|tO.execute apersonal bond for|42,00,000/- (Rupeestwo lakns only) each and have to furnish|one solvent surety each of a person.possessing immovable properties, for theikesumtOtne|satisfactionOT|tne.concerned Court. |personal bond for|42,00,000/- (Rupeestwo lakns only) each and have to furnish|one solvent surety each of a person.possessing immovable properties, for theikesumtOtne|satisfactionOT|tne.concerned Court. |

$++&They shall not tamper with any of the.prosecutionwitnesses,directlyOT|indirectly.prosecutionwitnesses,directlyOT|indirectly.

$+++&They|nave|tOapPed|peforetne.concerned Court regularly. |concerned Court regularly. |

$+A&They have to mark their attendance|before the Investigating Officer on every|second and fourth Saturday between 9°p.m. to 10 p.m. until further orders by.the Trial Court.before the Investigating Officer on every|second and fourth Saturday between 9°p.m. to 10 p.m. until further orders by.the Trial Court.

RV

Sd/-JUDGE.

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