CRL.P/6273/2014 of ANEES KHAN @ ANEES Vs STATE OF KARNATAKA on 30 December 2014

ORDER

This petition is filed under Section 439 of Cr.P.C.,seeking bail in Crime No.122/2013 of Udayagiri PoliceStation, Mysore City, registered for the offencespunishable under Sections 143, 302 r/w. 149 of IPC.

2. The petitioner is arraigned as the third accused.in the charge sheet.

3. The case of the prosecution is that, on.01.07.2013 at 22.45 hours while Sayed Khadeer, thebrother of CW.1 was proceeding on his motor bike, thefirst accused in pursuance of his previous enemity alongwith the co-accused ftormed unlawful assembly andfollowed the deceased in a Tata Sumo car and also in a'motor bike; while the deceased was proceeding towardsStar Function Hall, Mahadevapura Main Road, Aziz SetNagar, Mysore; they hit the back of the Scooter with asantro Car and consequently, the deceased fell down on

the foot path and all the accused assaulted him withdeadly weapons with an intention to do away with his.life and caused multiple grievous injuries on his body,thereafter left the vehicles then and there itself and|disappeared from the place of the occurrence; theinjured deceased died on the way to the hospital.

3. Sri Hasmath Pasha, learned Counsel for thepetitioner submits that the name of this petitioner is notretlecting in the FIR or post mortem report. There is noeyewitness to the alleged incident and statement of thealleged eye witness is not taken at the time of spotinspection or at the time of inquest mahazaar. The co-accused Nos.6, 7 and 9 were enlarged on bail by thesessions Court and the accused No.8 was granted bailby this Court in Crl.P.No.6843/2014 DD on 24.11.2014. —The case of this petitioner stands in the same footingwith that of the accused persons who are already onbail. Since the charge sheet is filed, there is no question

of tampering of the evidence by this petitioner. He is apermanent resident of the cause title address and has adependent family to take care of. In the circumstances,submits that the petitioner may be enlarged on bail.

4. Sri K.Nageshwarappa, HCGP for the Stateopposes the petition and submits that the petitioner’scase does not stand distinguished from that of the co-accused who are enlarged on bail.|

oS. Having regard to the fact that similarly placedaccused is enlarged on bail by the order of this court, Ihold that, there is no impediment to allow this petitionsubject to following conditions:

a.The petition is allowed.

b.The petitioner is ordered to be.releasedOT]ballsubjectto,|executing a personal bond for a_sum of Rs.1,00,000/- (Rupees One|

Lakh Only) for the likesum to the|satisfaction of the Sessions Court.

CcHe|shallNOTthreatenthe

prosecution witnesses.

d.He shall not involve himself in any|

criminal activity

eaHe|shall|attendtheCourt

punctually and regularly.

The learned High Court Government Pleader is.

permitted to file memo of appearance within one weekfrom today.

Sd/-)JUDGE

nvj.