Allowed

Nayeem Khan S/O Alm Khan v. the State through Grameen Ps

Karnataka HC1 Feb 2013CRL.P/15144/2013

Case brief

AI extract

What is this about?

High Court of Karnataka granted bail to the petitioner in Crime No. 82/2012, ruling that the complainant's inconsistent testimony lacked overt acts against him. Bail was allowed subject to bond and standard conditions despite the prosecutor's delay objection.

What did the court decide?

Petition allowed; petitioner enlarged on bail subject to personal bond, journey restriction, cooperation in investigation, and attendance conditions.

Nayeem Khan S/O Alm Khan Vs the State through Grameen Ps — Bail and Remand | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2013

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BEFORE

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THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION NO.15144/2013

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BETWEEN:

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Nayeem Khan S/o Alam Khan Age: 38 years, Occ: Business, Resident of Jalawadi, Gulbarga. .. PETITIONER

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(By Shri Shivasharanareddy, for Shri Ustad Sadat Hussain, Advocates)

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AND:

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The State through Grameen Police Station, Gulbarga.

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.. RESPONDENT

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(By Shri Sanjay A Patil, Additional State Public Prosecutor)

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This Criminal Petition is filed under Section 439 of the Criminal Procedure, 1973 praying to release the accused/ petitioner on bail in Crime No.82/2012 of Grameen Police

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Station, Gulbarga, which is registered for the offences punishable under Sections 143, 147,148, 504, 114, 324, 341, 326, 307, 109, 149 of the Indian Penal Code, 1860.

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This Criminal Petition coming on for orders this day, the Court made the following :-

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ORDER

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The present petitioner is one more accused along with several others, who have approached this court and who have obtained bail. It is noted that all these accused were named by the complainant and had not attributed any overt acts to most of them, but made three additional statements mechanically implicating one or the other accused, in each of his additional statements. Insofar as the present petitioner is concerned, the allegation was that he had instigated the other accused, against whom overt acts are attributed, in causing the death of the deceased. In any case, this court has found that the complainant’s version, which has changed from time to time, was not readily acceptable and that the allegations would have

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to stand the test of trial. It is on that reasoning that the several accused have been enlarged on bail.

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By a parity of reasoning, as there are no serious overt

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acts that are alleged against the petitioner, the petition is allowed, in the face of the Additional State Public Prosecutor seeking time to file objections. The petitioner is enlarged on bail subject to the following conditions:-

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(1) The petitioner shall execute a personal bond in a sum of Rs.20,000/- (Rupees Twenty thousand only) with a solvent surety for a like sum to the satisfaction of the court below,

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(2) The petitioner shall not leave the jurisdiction of the Court below without the leave of the Court.

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(3) The petitioner shall offer all cooperation in the investigation of the offence.

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(4) The petitioner shall make himself available for further investigation at all points of time.

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(5) The petitioner shall attend the Court on all dates of

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hearing of the case.

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(6) The petitioner shall not, in any manner seek to

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tamper with the prosecution evidence.

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Sd/-

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JUDGE

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Nayeem Khan S/O Alm Khan v. the State through Grameen Ps

Case brief

What is this about?

What did the court decide?

Nayeem Khan S/O Alm Khan v. the State through Grameen Ps

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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