Karnataka High Court
CRL.P/8188/2013 of ZABI @ ZABIULLA Vs THE STATE OF KARNATAKA on 31 December 2013
HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 31ST DAY OF DECEMBER 2013 BEFORE THE HON’BLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL PETITION No.8188/2013 BETWEEN: ZABI @ ZABIULLA S/O.SANAULLA AGED ABOUT 34 YEARS R/O.H.NO.12/282 K.P.MOHALLA CHAMARAJANAGARA TOWN. …PETITIONER (BY
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 31[ST] DAY OF DECEMBER 2013
BEFORE
THE HON’BLE MR. JUSTICE A.V.CHANDRASHEKARA
CRIMINAL PETITION No.8188/2013
BETWEEN:
ZABI @ ZABIULLA S/O.SANAULLA AGED ABOUT 34 YEARS R/O.H.NO.12/282 K.P.MOHALLA CHAMARAJANAGARA TOWN.
(BY SRI Y.S.SHIVAPRASAD, ADV.)
…PETITIONER
AND:
THE STATE OF KARNATAKA BY CHAMARAJANAGARA RURAL P.S. REP. BY S.P.P HIGH COURT BUILDINGS BANGALORE – 560 001.
…RESPONDENT
(BY SRI D.ASWATHAPPA, AGA)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.190/13 OF CHAMARAJANAGARA RURAL P.S., CHAMARAJANAGARA AND IN C.C.NO.730/13 ON THE FILE OF THE PRL. C.J., AND JMFC, CHAMARAJANAGARA, FOR THE OFFENCES P/U/S. 399, 402 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The present petition is filed under Section 439 Cr.P.C on behalf of accused No.7 in Crime No.190/2013 on the file of Chamarajanagara Rural Police Station for the offences punishable under Sections 399 and 402 of IPC.
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2. On receipt of a credible information, the Inspector attached to the respondent – police station made a surprise visit to the outskirts of Nanjedevanapura Grama and found that about 6 to 7 persons had parked their vehicle nearby Water Tank and they had possessed dangerous weapons in their hands and were stated to be waiting to commit some offences. The police personnel surrounded them and out of 7 persons, one person ran away and therefore, they could apprehend only 6 persons. According to the prosecution, chilly power packets and dangerous weapons were recovered from them and they were brought to the Police Station and a case came to be registered against them.
3. The learned Government Advocate has opposed the bail application vehemently stating that a prima facie a case is made out.
4. From the records produced by the learned counsel for the petitioner, accused Nos.1 and 6 have already been released on bail for the offence punishable under Section 437 by the learned JMFC and accused No.5 has been enlarged on bail by the learned Sessions Judge, Chamarajanagara Nagar and accused Nos.2 and 3 have been released on bail by this Court in Criminal Petition No.8146/2013 dated 26.12.2013.
5. In the light of similarly placed accused being released on bail by the Court of JMFC, Sessions Judge and this Hon’ble Court, the petitioner is also entitled to be released on bail. Hence, the following order.
ORDER
The petition is allowed. The petitioner who is accused No.7 is ordered to be released on bail on executing a personal bond in a sum of Rs.50,000/- with two sureties for the likesum to the satisfaction of the learned Sessions Judge.
The petitioner shall not involve himself in any criminal activities and shall attend the Sessions Court on all the hearing dates without fail except under unavoidable circumstances.
The petitioner shall mark his attendance in Chamarajanagara Police Station once in a week on every Sunday between 9.00 a.m. and 5.00 p.m. for a period of six months without fail.
Sd/-
JUDGE
nas.
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