Allowed

Ashma Khan v. State of Karnataka

Karnataka HC25 Sept 2021CRL.P/119/2021

Case brief

AI extract

What is this about?

The Karnataka High Court granted bail to accused persons Nos. 6 and 8 in a foreigner abduction case. Relying on the principle of parity as other accused had already been released, the court enlarged them on bail subject to specific conditions including execution of a bond and regular attendance.

What did the court decide?

Petitioners accused Nos. 6 and 8 ordered to be enlarged on bail in Crime No.327/2019 subject to the execution of a personal bond for Rs. 2,00,000 with two local sureties each and compliance with seven

Ashma Khan Vs State of Karnataka — Bail and Remand | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 25^TH DAY OF SEPTEMBER, 2021

¶3

BEFORE

¶4

THE HON'BLE MR. JUSTICE V. SRISHANANDA

¶5

CRIMINAL PETITION NO.119/2021

¶6

BETWEEN:

¶7

Ashma Khan, S/o Mohammed Joshim, aged 35 years, Uttara Kalma, III ward, Parasibazar, Lalmohan Police Station, Bolalal Mohan Zilla, Barisaal Division, Bangladesh.

¶8

Hasan Shek S/o Late Abdul Manal Shek, aged 23 years, Balipad village, Jayanagar Police Station, Firozpur District, Barisaal Division, Bangladesh.

¶9

Both are presently R/at Anjinappa Building, Mallenahalli Village, Bidarguppe Post, Attibele Hobli, Anekal Taluk, Bengaluru (R) - 562 106.

¶10

... Petitioners

¶11

(By Sri. M. Krishne Gowda, Advocate)

¶12

¶13

AND:

¶14

State of Karnataka, Represented by Attibele Police Station, High Court Government Pleader, Bengaluru-560 001.

¶15

…Respondent

¶16

(By Sri. K. Nageshwarappa, HCGP)

¶17

This Criminal petition is filed under Section 439 Cr.P.C, praying to enlarge the petitioner on bail in crime no.327/2019 of Attibele Police Station, Bengaluru for the offence punishable Under Section 366A, 370, 212 of IPC and Section 14(A) (B) of Foreigners Act.

¶18

This Criminal petition coming for Orders this day, the court made the following:-

¶19

ORDER

¶20

Heard Sri. M. Krishne Gowda, learned counsel for the petitioners and Sri K.Nageshwarappa, learned High Court Government Pleader for respondent - State.

¶21

This petition is filed under Section 439 of Cr.P.C. The police have filed the charge sheet in Cr.No.327/2019 of Attibele Police Station for the offence punishable under Sections 366A, 370, 212 of Indian Penal Code and Section 14 (A) (B) of Foreigners Act, 1946.

¶22

¶23

Learned counsel for the petitioners submits that the present petitioners are accused Nos.6 and 8. The co-ordinate benches of this Court by order dated 03.11.2020 in Crl.P.No.5595/2020 and in Crl.P.No.1311/2021 dated 08.04.2021 granted bail to accused Nos.3 and 7. He further contended that accused No.1 who according to the prosecution is the king pin has also been granted bail in Crl.P.No.201/2021 by order dated 02.08.2021 and therefore on the ground of parity, these petitioners are also entitled for grant of bail.

¶24

Learned High Court Government Pleader does not dispute the grant of bail by this Court for accused Nos.3, 7 and 1.

¶25

The materials available on record are perused. The meticulous role assigned to the present petitioners and accused Nos.3 and 7, who have been granted bail are similar. Further, this Court having granted bail to accused No.1, on the ground of parity, these petitioners i.e.,

¶26

¶27

accused Nos.6 and 8 are also entitled for grant of bail without further discussion on merits of the matter and pass the following.

¶28

ORDER

¶29

The petition is allowed. Petitioners-accused

¶30

Nos.6 and 8 are ordered to be enlarged on bail in Crime No.327/2019 of Attibele Police Station. [pending on the file of III Additional District and Sessions Judge (Anekal)] registered for the offences punishable under Sections 366A, 370, 212 of Indian Penal Code read with Section 14(A) (B) of Foreigners Act, 1946 subject to following conditions:-

¶31

i) Petitioner–accused Nos.6 and 8 shall execute a personal bond for a sum of Rs.2,00,000/- each(Rupees Two lakhs only) with two local sureties each for the likesum to the satisfaction of the trial Court.

¶32

ii) They shall be regular in attending the trial Court proceedings.

¶33

iii) They shall not leave the jurisdiction of the Court without prior permission.

¶34

¶35

iv) They shall not threaten or tamper with the prosecution evidence directly or indirectly.

¶36

v) They shall not indulge in similar type of criminal activities.

¶37

vi) They shall mark their attendance once in 15 days between 10 a.m. and 5 p.m. till the trial is concluded/charge sheet is filed.

¶38

vii) If any of the above conditions is violated, the bail is liable to be cancelled.

¶39

Sd/JUDGE

¶40

Ashma Khan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ashma Khan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Siddangouda S/O Bheemarayagouda Police Patil and Anr. Vs the State of Karnataka

Sri M v Dwarakanath Vs Sri J C Kempaiah

Sri Muni Shekar M Vs State by Mico Police Station

Rajesh Vs the State of Karnataka

Kendaganna M Vs State of Karnataka

Mr Syed Farzan Vs the State of Karnataka