Karnataka High Court

CRL.P/8691/2016 of ABZAL PASHA Vs THE STATE OF KARNATAKA on 29 December 2016

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HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF DECEMBER, 2016 BEFORE: THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL PETITION No.8691/2016 BETWEEN: ABZAL PASHA @ GANJA ABZAL @ KIRLIK S/O LATE SHABEER BASHA, AGED ABOUT 37 YEARS, R/AT NO.80/2, NEAR: KIONASANDRA DARGA,

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29[TH]DAY OF DECEMBER, 2010

BEFORE:

THE HON’BLE MR.JUSTICE K.SOMASHEKAR.

CRIMINAL PETITION No.8691/2016

BETWEEN

ABZAL PASHA.@ GANJA ABZAL @ KIRLIK9/O LATE SHABEER BASHA,AGED ABOUT 37 YEARS,R/AT NO.80/2, NEAR: KIONASANDRA DARGA,KONASANDRA, KENGERI HOBLI,BENGALURU 560 OOO.

PRTITIONER|

(BY SRIBUDRUNNISA, ADVOCATE)

AND:

THERE STATE OF KARNATAKREP. BY KUMBALAGODU POLICE STATION.BBNGALURU CITY-560001REP.BY SPBRCIAL PUBLIC PROSBCUTORHIGH COURT OF KARNATAKA,BANGALORE-560 OO].

RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION [IS FILED UNDER SECTION 439 OFCR.P.C. PRAYING TO BNLARGE THR PEITR. ON BAIL IN CR.

NO.198/2016 OF KUMBALAGUDU P.S8., AND C.C.NO.5844/2016,FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC.

THIS CRIMINAL PBRTITION COMING ON FOR ORDERS THISDAY, THE COURT MADE THE FOLLOWING:|

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ORDER

This petition is filed under Section 439 of Cr.P.C in CrimeNo.198/2016 of Kumbalagudu Police Station for the alleged.offence punishable under Section 307 read with Section 34 of.IPC. Since from the arrest, the petitioner is in judicial custody. Therefore, the petitioner is seeking for regular bail among the.erounds urged therein.

2. Heard the learned counsel for the petitioner and thelearned HCGP for the respondent-State.|

3. Learned counsel for the petitioner during the course ofarguments has contended that there is no direct overt-actagainst this petitioner as narrated in the complaint, but thecase came to be registered against unknown persons. AccusedNos.2 and 3 were absconding since from the alleged offence.This petitioner has co-operated with the Investigating Officer.

The petitioner is an innocent person and not at all committedthe alleged offence. Learned counsel for the petitioner furthercontended that the petitioner is the only bread earner of hisfamily having four children. It is further contended that thepetitioner is ready to abide by any conditions that may beimposed by this Court while granting bail.

4. Per contra, learned HCGP for the respondent-Statesubmits that as per the averments made in the complaint therewas role made by the accused along with others which areserious in nature. The accused is in judicial custody since from|the alleged offence. There are prima facie material against the.accused in participating with other accused persons in the.commission of offence. Learned HCGP further submits that itthe accused is released on bail certainly he would come in the.way of case of the prosecution and destroy the evidence.Therefore, considering the statement of objections filed, the.accused is not entitled for bail. |

o. Keeping in view the contentions of petitioner’s counseland learned HCGP as stated supra, the case came to be.registered in Crime No.198/2016 for the offence punishable|under Section 307 read with Section 34 ot IPC. The'petitioner/accused is the only bread earner of the familyconsisting of four children. The petitioner/accused is in judicial|custody since from the alleged offence. The Investigating Officer|has laid the charge sheet against the petitioner/accused in)Crime No.198/2016 for the offence punishable under Section|307readwithSection|34|OT IPC..Therefore,the|petitioner/accused is not required for further investigation. The.apprehension of learned HCGP could be suitably met with, by.imposing certain conditions to safeguard the interest of the.prosecution.

Therefore,{OrtheatoresaldTE€CAaASand1nthe.circumstances, I am of the considered opinion that the accusedshall be released on bail. Hence, the following:

ORDER

The Petition is hereby allowed subject to following conditions:|

'.)Petitioner-accused shall execute a personal bond for asum of1,0O,OOO/- with likesum surety for the)satistaction of the 2[36]Additional CUM Court, BangaloreRural District as the case in Crime No.198/2016 is_pending.sum of1,0O,OOO/- with likesum surety for the)satistaction of the 2[36]Additional CUM Court, BangaloreRural District as the case in Crime No.198/2016 is_pending.

'..)Petitioner-accused shall not tamper or hamper the case_of the prosecution witnesses.of the prosecution witnesses.

'...)The petitioner-accused shall not involve in any criminalactivities henceforth. activities henceforth.

Ii the petitioner-accused violates any of the above conditions,this order automatically stands seized. —

Sd/-.

JUDGE

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