CRL.P/201380/2017 of SHAIK BABA Vs THE STATE on 28 December 2017

ORDER

This is a petition filed under Section 439 of Cr.P.C. seeking.bail in connection with Crime No.26/7/2017 for the offencepunisnabie under Sections 143, 147 148, 323, 324, 448, 302,504, 120(B), 109 read with 149 of Indian Penal Code (CIPC’ forsnort).

2).The complaint came to be lodged by one RiyazAnmed Patel stating that on 23.07.2017 at 5.00 PM in the landbearing Sy. No.122/1 of Brahmapur, at about 2.00 PM whenMonommad Muddaseer @ Monammat Iliyas was engaged in|agriculture in his land, by tnat time accused Nos.2 came and raised quarrel deciaring their ownership over the property andtook the nelp of accused Nos. 3 to 19. Accordingly, the saidaccused Nos. 3 to 19 came by vehicles and attacked MohammedIliyas abusing him in filtny language raising the name of nismother and when the said Mohammed Iliyas ran for his life andentered a room and bolted it, it was broken by the accused andhe was pulled out of the room and stabbed by accused No.3 onstomacn by the knife. Accused No.6 took the knife from accusedNo.12, hit Monammad Iliyas on the head and caused seriousDieeding injuries. Accused Nos. 16 to 18 guarded against theentry of third person or the exit of Mohnammed Iliyas and wasqadone to deatn ‘3.Perused the Post Mortem report. Jhe death of|Monammed lIliyas is said to have caused due to nemorrnageand shock as a result of stab injury to the abdomen sustained.However Final opinion is reserved pending for want of chemicalanalysis report.

4The present petitioner is accused No.2 in the allegedcrime. Learned counsel for the petitioner would submit that accused Nos. 17 and 19 are enlarged on anticipatory bail. Thepetitioner has been in judicial custody since from 29.07.2017.

5. Learned HCGP opposes grant of bail to the petitioner.

6. In the context and facts and circumstances of the|case, tne number of accused involved in the alleged crime andalso the land dispute between them and the deceased, in thecircumstances, it appears to be just and proper to grant thepetitioner of bail. The apprehension of tne prosecution to beresolved by imposing stringent conditions.

J.Accordingly, tne petition is allowed. The petitioner isenlarged on bail in connection with Crime No.267/2017 for theoffence punishable under Sections 143, 147 148, 323, 324, 448,302, 504, 120(B), 109 read witn 149 of IPC read with Section149 of Indian Penal Code, subject to following conditions:

(i) |TnepetitionerSnall|executeapersonal bond for a sum of Rs.1,00,000/- with|one surety for the likesum to the satisfaction of the Trial Court, BsSv

Ci)He shall not terrorize or tamper with|any of the prosecution witnesses.|

(il) He shall mark his attendance on every|first Saturday of each between 9.00 a.m. to 10.00p.m. once in a month until further orders py the|trial court.

Sd/-|

JUDGE.