Allowed

Javid S/O Abdul Rahman Khureshi v. the State of Karnataka

Karnataka HC24 Jan 2020CRL.P/201400/2019

Case brief

AI extract

What is this about?

The High Court, in a bail petition u/s 439 Cr.P.C., allowed the petitioner's release in a case involving attempts to murder and assault. The Court granted bail citing parity with a co-accused, noting the petitioner's alleged role of grappling versus other accused assaulting with weapons.

What did the court decide?

Petitioner granted bail subject to personal bond of Rs.1,00,000 and stringent conditions including marking attendance with the Investigating Officer.

Javid S/O Abdul Rahman Khureshi Vs the State of Karnataka — Bail and Remand | Karnataka HC (2020)

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Crl.P.No.201400/2019

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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

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DATED THIS THE 24^TH DAY OF JANUARY, 2020

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BEFORE

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THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

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CRIMINAL PETITION NO.201400/2019

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BETWEEN

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Javid S/o Abdul Rahman Khureshi Age: 32 years Occ: Chicken Vendor R/o Ammenabi Colony Mahagaon Cross Kalaburagi – 585 316. ... PETITIONER (By Sri.Syed Mastan, Adv.)

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AND

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The State of Karnataka Through Mahagaon Police Station Tq. & Dist.Kalaburagi Rep. by learned SPP High Court of Karnataka Bench at Kalaburagi-585 105. ... RESPONDENT

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(By Sri.Mallikarjuna Sahukar, HCGP)

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This Criminal Petition is filed under Section 439 Cr.P.C. praying to release the petitioner on bail in Crime No.55/2019 (CC No.5260/2019) of Mahagaon Police Station, Dist: Kalaburagi, for the offences p/u/s.341,

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Crl.P.No.201400/2019

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324, 307 read with Section 34 IPC pending before the I Additional JMFC., Kalaburagi.

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This Petition having been heard and reserved for orders on 20.01.2020 and coming on for ‘Pronouncement of Orders’ this day, the Court sitting at Dharwad Bench through Video Conference made the following:

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O R D E R

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Mahagaon Police have charge sheeted the petitioner and three others in Crime No.55/2019 of their Police Station for the offences punishable under Sections 341, 324, 307 read with Section 34 IPC on the basis of complaint of CW-1 Lingaraj.

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It is alleged that on 14.06.2019 at 10.00 p.m.,

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the accused with the common intention to commit murder of victims Veerabhadrappa and CW-5 Ismail, intoxicated them in ‘Dosti Dhaba’ and assaulted Veerabhadrappa with clubs and stones and attempted to commit his murder. According to the charge sheet, Ismail escaped from the hands of the culprits. After

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Crl.P.No.201400/2019

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filing the charge sheet, victim Veerabhadrappa died. Therefore, Section 302 IPC is included in the case.

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This Court on 20.09.2019 rejected the earlier

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bail petition of the petitioner on the ground that the victim is still in the critical stage and investigation is yet to be completed. After filing of the charge sheet, this court has granted bail to accused No.3 in Crime No.201049/2019. Petitioner is seeking bail on the ground of parity.

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The allegations of assaulting the victim with stone and club on the head are against accused Nos.2 and 4. The allegation against the present petitioner is that he grappled the victim. Therefore, he is entitled for extension of parity.

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Learned HCGP submits that the petitioner is involved in Crime No.23/2016, Crime No.156/2017 and Crime No.68/2018 of the respondent – Police Station.

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Crl.P.No.201400/2019

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Even as per the statement furnished by the Government Pleader, the major offence in the said cases was one under Section 506 IPC, which carries maximum punishment of imprisonment upto seven years. No material is placed to show that the petitioner was tried and convicted in those cases.

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Under the circumstances, it is a fit case to grant

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bail with stringent conditions. Therefore, the petition is allowed.

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Petitioner is granted bail in Crime No.55/2019 of Mahagaon Police Station, subject to the following conditions:

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1. The petitioner shall execute personal bond in a sum of `1,00,000/- and furnish two sureties in the like-sum to the satisfaction of the trial court/committal court;

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1. He shall appear before the jurisdictional Court as and when required;

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1. He shall not tamper the prosecution witnesses in any manner;

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Crl.P.No.201400/2019

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1. He shall not indulge into any criminal activities;

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1. He shall mark his attendance before the Investigating Officer on alternate Sunday of each month between 10.00 a.m. and 5.00 p.m. till the trial is concluded.

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Sd/JUDGE

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KNM/-

Javid S/O Abdul Rahman Khureshi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Javid S/O Abdul Rahman Khureshi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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