Allowed

Vazeer Ahmed v. State of Karnataka

Karnataka HC8 Jun 2022CRL.P/1567/2022

Case brief

AI extract

What is this about?

In a bail petition under Section 439 Cr.P.C., the Karnataka High Court granted regular bail to the petitioner, accused No.9 in a dacoity/murder case. The court relied on the principle of parity as bail had already been granted to another accused who had received a higher commission from the loot.

What did the court decide?

Petitioner/accused No.9 to be released on bail subject to personal bond of Rs.2,00,000 with two sureties for like sum, and other standard bail conditions.

Vazeer Ahmed Vs State of Karnataka — Bail and Remand | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JUNE, 2022

¶3

BEFORE

¶4

THE HON'BLE MR. JUSTICE H.P. SANDESH

¶5

CRIMINAL PETITION NO.1567/2022

¶6

BETWEEN

¶7

VAZEER AHMED S/O LATE ABDUL SAMAD AGED ABOUT 40 YEARS SOMASANDRA PLAYA, KUDLU BENGALURU.

¶8

...PETITIONER

¶9

(BY SRI SREENIVASA KUMAR D G, ADVOCATE)

¶10

AND

¶11

STATE OF KARNATAKA BY CUBBON PARK POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001

¶12

… RESPONDENT

¶13

(BY SRI MAHESH SHETTY, HCGP)

¶14

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.73/2021 OF CUBBON PARK POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75, 341, 342, 364A, 395, 201, 120B OF IPC AND ETC.

¶15

¶16

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

¶17

O R D E R

¶18

This petition is filed under Section 439 of Cr.P.C. seeking

¶19

regular bail of the petitioner in Crime No.73/2021 of Cubbon Park Police Station, Bengaluru City for the offences punishable under Sections 75, 341, 342, 364A, 395, 201, 120B of IPC.

¶20

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

¶21

The factual matrix of the case is that this petitioner was in JC and on 23.08.2021 other accused have committed an offence of wrongful restrainment and committed the dacoity and accused No.10 gave an amount of Rs.2 lakh to this petitioner and this petitioner kept the said amount in his petty shop which is located in the jail, for that he has received an amount of Rs.5,000/- as commission hence, he has been arrayed as accused No.9 in the case.

¶22

¶23

The learned counsel appearing for the petitioner would submit that this petitioner has not committed any offences as alleged in the complaint and when similar allegations are made against accused No.8, he has been enlarged on bail by this Court in Crl.P.No.258/2022 dated 20.01.2022 and taking note of the said fact into consideration, this petitioner is also entitled for the bail on the ground of parity.

¶24

Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner has received an amount of Rs.5,000/- from accused No.10 as commission and that amount has been circulated within the vicinity of the jail and hence, there is a prima facie case against this petitioner and prayed to dismiss the petition.

¶25

Having heard the respective counsel appearing for

¶26

the parties and also on perusal of the material available on record it discloses that the allegation against this petitioner is that he has received an amount of Rs.5,000/- from accused No.10 as the commission and whether the amount was transferred out of the amount which was robbed from the complainant is a matter of trial and same has to be tested in the

¶27

¶28

trial. Having taken note of the factual aspect of the case and this Court already granted bail to accused No.8 who has allegedly received an amount of Rs.10,000/- out of the robbed amount, it is a fit case to exercise the discretion in respect of this petitioner also on the ground of parity.

¶29

In view of the discussions made above, I pass the

¶30

following:

¶31

ORDER

¶32

petitioner/accused No.9 shall be released on bail in connection with Crime No.73/2021 of Cubbon Park Police Station, Bengaluru City for the offences punishable under Sections 75, 341, 342, 364A, 395, 201, 120B of IPC, subject to the following conditions:

¶33

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

¶34

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

¶35

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing

¶36

¶37

dates, unless exempted by the Court for any genuine cause.

¶38

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.

¶39

Sd/JUDGE

¶40

Vazeer Ahmed v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Vazeer Ahmed 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

Puneeth Kumar Vs State by

Vinod @ Bulli Vs the State of Karnataka

Kiran @ Bikku Kirana Vs State by

Venugopal K Vs the State of Karnataka

Shri Sharath Vs State of Karnataka

Sri Devaraju Vs State of Karnataka