Allowed

Khayum Khan v. State of Karnataka

Karnataka HC12 Feb 2021CRL.P/5837/2020

Case brief

AI extract

What is this about?

High Court granted bail to petitioner, accused in murder and rioting charges, applying parity with co-accused previously released. Released on bond with conditions regarding attendance and protection of witnesses.

What did the court decide?

Petitioner released on bail with bond of Rs. 2,00,000 and two sureties, subject to conditions of regular attendance and no tampering with evidence or witnesses.

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

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL PETITION NO.5837 OF 2020

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BETWEEN:

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KHAYUM KHAN, S/O ABDUL KHADEER, AGED 27 YEARS, R/O CHIKKA BEGUR JOPDI, BEGUR, BENGALURU-560076.

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PETITIONER

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(BY SRI SIRAJUDDIN AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA STATE BY BEGUR P.S., REPTD.BY S.P.P., HIGH COURT BUILDING, BENGALURU CITY-560001.

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RESPONDENT

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(BY SRI H.R.SHOWRI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.166/2019 (S.C.NO.92/2020) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323, 302 R/W 34 OF IPC OF THE BEGUR POLICE STATION, PENDING BEFORE THE COURT OF LXIV ADDL.CITY CIVIL AND SESSIONS JUDGE BANGALORE CITY (CCH65).

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THIS CRIMINAL PETITION PERTAINING TO PRINCIPAL BENCH, BENGALURU, COMING ON FOR ORDERS THROUGH

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: 2 :

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VIDEO CONFERENCING AT DHARWAD, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is accused No.3 in Crime No.166/2019

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registered by the respondent police for the offences punishable under Sections 143, 147, 149, 323 and 302 I.P.C.

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader.

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Investigation is completed. The allegation is that all the accused assaulted Mohammed Jamal in connection with a dispute that arose when CW11 started selling the waste to accused No.1. Already this Court has granted bail to accused No.2 and 4 by disposing of Criminal Petition No.4565/2020 C/w Criminal Petition No.1868/2020. Parity is applicable. Therefore, the petitioner can be released on bail. Hence the following:

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ORDER

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(a) Petition is allowed.

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: 3 :

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(b) Petitioner shall be released on bail on obtaining from him a bond for Rs.2,00,000/(Rupees two lakh only) and two sureties for the likesum to the satisfaction of the trial court.

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The petitioner is also subjected to the following conditions:

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(i) He shall not threaten the witnesses and destroy the evidence in whatsoever manner.

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(ii) He shall not tamper with the evidence and threaten the witnesses.

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(iii) He shall regularly appear before the trial court till conclusion of trial.

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(iv) Till conclusion of trial, he shall mark his attendance in the respondent-police station on every Sunday between 9.00 a.m. and 1.00 p.m.

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SD/JUDGE

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CLK

Khayum Khan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Khayum Khan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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