Allowed

Mousin Ahmed S/O Mahimoddo Ali Jamadar and Ors. v. the State through Grameen P.S., Gulbarga

Karnataka HC6 Feb 2013CRL.P/15171/2013

Case brief

AI extract

What is this about?

The High Court of Karnataka merged two criminal petitions filed under Section 439 CrPC, granting bail to the accused petitioners. The order relied on a parity of reasoning with a related incident where bail had been granted based on inconsistent statements by the complainant against co-accused.

What did the court decide?

Petitioners were enlarged on bail subject to a self-bond of Rs.40,000 each with surety, leave of the court to leave jurisdiction, not tamper with evidence, and attend court on dates.

Mousin Ahmed S/O Mahimoddo Ali Jamadar and Ors. Vs the… — 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 6^TH 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.15139/2013 Connected with CRIMINAL PETITION NO.15171/2013

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CRIMINAL PETITION NO.15139/2013

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BETWEEN :

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Shadab Malik S/o Abdul Saleem Sheik, Age: 27 Years, Occ: Business, R/o: SBH Colony, Nehru Gunj, Gulbarga.

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Adnan Khan S/o Akil Ahmed Khan, Aged about 45 Years, Occ: Business, R/o: Khaja Kabir Colony Bilalabad, Gulbarga. … PETITIONERS

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(By Shri. Erappa Reddy and Associates, 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 CR.P.C., by the advocate for the petitioner praying that this Court to enlarge the petitioner on bail for the offences punishable under Sections 143, 147, 148, 504, 114, 324, 326, 341, 307, 302, 109 read with 149 of Indian Penal Code, pending on the file of the Learned Principle District and Sessions Judge, Gulbarga in S.C.No.375/2012 and 378/2012.

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CRIMINAL PETITION NO.15171/2013

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BETWEEN :

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Mousin Ahmed, S/o Mahimood Ali Jamadar, Age: 22 Years, Occ: Tailoring work, R/o: Noorani Mohalla, Gulbarga.

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Mohd. Wahaj S/o Mohd. Salavuddin, Age: 22 Years, Occ: Coolie Work, R/o: Makka Colony, Rayimunissa Masjid, Gulbarga.

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Nizamuddin S/o Abdul Jabbar, Age: 23 Years, Occ: Coolie work,

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R/o: Qamar Colony, Metro Function Hall, Buland Parvez Colony, Roza, Gulbarga.

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Mohd. Ajeem S/o Mohd. Saleem, Age: 24 Years, Occ: Contractor, R/o: Near Deccan College, Nosin Colony, Hagarga Road, Gulbarga. … PETITIONERS

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(By Shri. Shivasharana Reddy, Advocate for Shri Ustad Sadat Hussain, Advocate)

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AND:

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The State through Gramin 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 CR.P.C., by the advocate for the petitioner praying that this Court to release the accused/petitioners on bail in Crime No.82/2012 of Grameen police station, District Gulbarga, which is registered for the offence punishable under Sections 143, 147, 148, 504, 114, 324, 341, 326, 307, 109 read with 149 of Indian Penal Code.

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These petitions coming on for Orders this day, the Court made the following:

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O R D E R

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Heard the learned counsel for the petitioners. The

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Criminal Petition Nos.15139/2013 and 15171/2013 are taken up together for consideration.

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Having regard to the fact that the petitioners are the accused in an incident whereby several accused have approached this court seeking bail. On the ground that the complainant has made three additional statements after his original complaint, changing his version as to the overt acts attributed to the several petitioners. Since this court was not happy with the manner in which the complainant has taken divergent stands in so far as absolving some accused of their overt acts and giving a totally different version of the overt acts attributed to other accused, this court having opined that on the basis of such allegations the accused /petitioners being remanded to judicial custody was not warranted and having granted bail, the present petitioners are some more accused who

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are before this court seeking enlargement on bail. By the same token of reasoning and on parity the present petitioners who are accused of instigation in the commission of the offences would be entitled to enlarge on bail. Accordingly the petitions are allowed. Hence, the petitioners shall be enlarged on bail, subject to the following conditions:

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i) The petitioners shall furnish a self-bond for a sum of �40,000/- each with solvent surety for a like sum each, to the satisfaction of the trial court.

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ii) The petitioners shall not leave the jurisdiction of the Court below, without the leave of the court.

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iii) They shall not in any manner, seek to tamper with the prosecution evidence.

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iv) The petitioners shall attend the court below on all dates of hearing in the proceedings that would ensue.

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Sd/- JUDGE

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msr

Mousin Ahmed S/O Mahimoddo Ali Jamadar and Ors. v. the State through Grameen P.S., Gulbarga

Case brief

What is this about?

What did the court decide?

Mousin Ahmed S/O Mahimoddo Ali Jamadar and Ors. v. the State through Grameen P.S., Gulbarga

Case brief

What is this about?

What did the court decide?

What the court decided

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