Allowed

Mohammed Sameer @ Appu v. State of Karnataka

Karnataka HC29 Mar 2023CRL.P/2232/2023

Case brief

AI extract

What is this about?

The High Court allowed a successive bail petition filed under Section 439 Cr.P.C. Granted bail to a petitioner charged with murder and other offences pending trial, imposing specific conditions including a bond of Rs. 2 lakhs with sureties.

What did the court decide?

Petitioner granted bail on executing personal bond of Rs. 2,00,000 with sureties, undertaking not to interfere with witnesses or commit further offences.

Mohammed Sameer @ Appu Vs State of Karnataka — Bail and Remand | Karnataka HC (2023)

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1 - CRL.P No. 2232 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 2232 OF 2023

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BETWEEN:

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MOHAMMED SAMEER @ APPU S/O RIYAZ AHMED, AGED ABOUT 21 YEARS, EMPLOYEE IN WATER CAN SHOP, R/AT 7th CROSS, ANNA NAGAR, SHIVAMOGGA-577 204

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(NOW IN JUDICIAL CUSTODY DISTRICT PRISON, SHIVAMOGGA)

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… PETITIONER

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Digitally signed by CHAITHRA A Location: High Court of Karnataka

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(BY SRI HASHMATH PASHA, SENIOR ADVOCATE FOR SRI KARIAPPA N A, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY DODDAPETE POLICE STATION, SHIVAMOGGA DISTRICT -577204

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(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-560001)

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…RESPONDENT

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(BY SRI B J ROHITH, HCGP- STATE)

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CRL.P No. 2232 of 2023

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THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.26/2021 REGISTERED BY DODDAPETE POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 120(B), 143, 144, 147, 148, 504, 323, 307, 302 R/W 149 OF IPC, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA IN S.C.NO.71/2021 AND ETC.,

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

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ORDER

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This is the successive bail petition filed by the petitioner - accused No.1 under Section 439 of Cr.P.C. for granting bail in S.C.No.71/2021 arising out of Crime No.26/2021 registered by the Doddapete Police Station, Shivamogga charge sheeted for the offence punishable under Sections 120-B, 143, 144, 147, 148, 504, 323, 307 and 302 read with Section 149 of IPC, which is now pending on the file of the III Additional District and Sessions Judge, Shivamogga.

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CRL.P No. 2232 of 2023

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Heard learned Senior Counsel appearing for

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the petitioner and learned HCGP for respondent - State.

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The case of the prosecution is that on the

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complaint of one Swaroop - C.W.1 filed on 28.01.2021, the police have registered a case against 8 to 9 unknown persons. During investigation, the petitioner - accused No.1 was arrested on 28.01.2021 and he has been remanded to the judicial custody. The other accused persons are also arrested by the police and they have been released on bail. The bail petition filed by the petitioner was rejected by this Court as this petitioner has stabbed the deceased, which caused fatal injury and it leads to death of the deceased.

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This Court by order dated 16.09.2022 in

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Criminal Petition No.5105/2022 has rejected the bail petition of the petitioner. Though the learned Senior Counsel appearing for the petitioner submits that all the accused persons are released on bail except this petitioner

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CRL.P No. 2232 of 2023

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and there are no bad antecedents to commit this petitioner in the alleged offences. The petitioner is in custody for 2 years 2 months. The trial is not yet commenced. Except a stab injury on the back of the deceased, there are no other injuries committed by the petitioner - accused No.1. Hence, the petitioner prayed for allowing the petition.

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Per contra , the learned HCGP submits that the petitioner is required for investigation and the trial is not yet completed. Therefore, prays to reject the bail petition.

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Having heard the arguments of the learned Senior Counsel for the petitioner and learned HCGP and perused the records, of course, the allegations leveled against this petitioner is that petitioner - accused No.1 was actually stabled the deceased, which caused the fatal injury. Due to which, the deceased - Jeevan was died. Of course, there are so many eye witnesses to the incident. As per the submission, the quarrel took place between the

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5 - CRL.P No. 2232 of 2023

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complainant and other accused persons when they came to the Bar for celebrating the birth day. As there was a sudden quarrel took place between the accused and the complainant. Subsequently, the accused went away and he came back and assaulted the complainant. When the deceased intervened to pacify the quarrel, he was sustained injuries. The co-accused persons are already granted bail by the Co-ordinate Bench of this Court except this petitioner, who is in custody for more than two years two months. There are no allegations attributed against him for having any bad antecedents to show that he is an habitual offender.

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Therefore, without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioner/accused No.1 is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

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ORDER

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The criminal petition is allowed .

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6 - CRL.P No. 2232 of 2023

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The trial Court is directed to release the

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petitioner/accused No.1 on bail in Crime No.26/2021 of Doddapete Police Station, Shivamogga, subject to the following conditions:-

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i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;

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ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

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iii) Petitioner shall not indulge himself in similar offences strictly;

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iv) Petitioner shall take the trial without causing any delay; and

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v) Petitioner shall not leave the jurisdiction of this Court without prior permission.

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CRL.P No. 2232 of 2023

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If any of the conditions are violated, the prosecution

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is at liberty to file an application for cancellation of bail.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 12

Mohammed Sameer @ Appu v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mohammed Sameer @ Appu v. State of Karnataka

Case brief

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What did the court decide?

What the court decided

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