Allowed

Mohammed Saad v. State of Karnataka

Karnataka HC31 Oct 2023CRL.P/8733/2023

Case brief

AI extract

What is this about?

This is a bail petition under Section 439 CrPC arising from a murder case. The petitioner, a student with no criminal record, sought regular bail. The court noted discrepancies between accusations and the post-mortem report and other accused on bail. Finding a prima facie case and believing conditions could mitigate tampering risk, the court allowed the petition and granted bail subject to strict

What did the court decide?

Petitioner released on bail subject to execution of Rs. 1,00,000 bond with one surety and strict conditions including no tampering with witnesses and no leaving jurisdiction.

Mohammed Saad Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 31^ST DAY OF OCTOBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶7

CRIMINAL PETITION NO. 8733 OF 2023 (439)

¶8

BETWEEN:

¶9

MOHAMMED SAAD S/O K.ABDUL REHAMAN, AGED ABOUT 20 YEARS, NUMBER 218, B. NARAYNA PILLAI STREET, SHIVAJINAGAR, BENGALURU-560001 (ADDRESS AS PER AADHAR CARD

¶10

RESIDING PRESENTLY AT NO. PH-4, 6TH FLOOR, R.K. HERITAGE APARTMENT, SHAMPURA, K.G. HALLI, Digitally signed by DHARMALINGAM BENGALURU-560045 Location: HIGH (IN JUDICIAL CUSTODY) COURT OF KARNATAKA (ACCUSED No.1)

¶11

…PETITIONER

¶12

(BY SRI. SRIRAM M., ADVOCATE)

¶13

AND:

¶14

STATE OF KARNATAKA BY SHO OF K. G HALLI P.S REP BY S.P.P.

¶15

¶16

NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶17

HIGH COURT OF KARNATAKA BENGALURU-560001.

¶18

…RESPONDENT

¶19

(BY SRI. RANGASWAMY. R, HCGP)

¶20

THIS CRL.P IS FILED U/S 439 CR.PC PRAYING THIS HONOURABLE COURT TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.277/2022 REGISTERED IN K.G. HALLI POLICE STATION, BENGALURU CITY DISTRICT, FOR THE OFFENCE P/U/S 120B, 323, 302 R/W 34 OF IPC, PENDING ON THE FILE OF HONBLE IV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH21) MAYO HALL, BENGALURU AND ETC.,

¶21

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

¶22

ORDER

¶23

Accused No.1 in S.C.No.144/2023 pending on

¶24

the file of IV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.277/2022 registered by Kadugondana Halli Police Station, Bengaluru, for the offence punishable under Sections 323, 302, 120B read with Section 34 of Indian Penal Code (for short hereinafter referred to as 'IPC'), is before this

¶25

¶26

NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶27

Court under Section 439 of Cr.P.C. seeking regular bail.

¶28

Heard the learned Counsel for the

¶29

petitioner and learned High Court Government Pleader for respondent-State.

¶30

On the complaint of Smt.Suraya Banu W/o Mohammed Ayaz, dated 12.08.2022, FIR in Crime No.277/2022 was registered by the Kadugondana Halli police, Bengaluru against the petitioner and others for the aforesaid offences.

¶31

In the complaint, it is averred that the complainant-Smt.Suraya Banu’s son Mohammed Arbaz aged about 18 years was studying in II PUC

¶32

in Province College, at HBR Layout, Bengaluru. On 12.08.2022 at about 2.30 p.m., when the complainant was in her house, she was informed by Ayesha over phone that in a fight that had taken place in the college, the petitioner and

¶33

4 - NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶34

others had assaulted Mohammed Tabraz and he

¶35

was taken to ‘Specialist Hospital’ at Banasawadi for treatment. Immediately, the complainant rushed to the said hospital. She was informed in the hospital that her son Mohammed Arbaz had succumbed to the injuries. On enquiry, she came to know that on 11.08.2022 the petitioner had fought with one Saif with regard to performing some cultural activities and in that background on 12.08.2022 the petitioner and his friends had

¶36

quarreled with the son of the complainant and petitioner allegedly assaulted the complainant’s son with a knife. The complainant had therefore approached the police and lodged complaint on 12.08.2022, which had resulted in registering the FIR in Crime No.277/2022 against the petitioner and others for the aforesaid offence. During the course of investigation of the case, the petitioner was arrested on 17.08.2022. Investigation in the case is complete and charge sheet has been filed.

¶37

¶38

NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶39

The case is now committed to the

¶40

jurisdictional Sessions Court and numbered as S.C.No.144/2023. The bail application filed by the petitioner before the Court of IV Additional City Civil and Sessions Judge, Bengaluru in S.C.No.144/2023 was dismissed on 28.08.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.

¶41

Learned Counsel for the petitioner submits that the petitioner is aged about 20 years and he was studying in II year B.Com., in the very

¶42

same college in which the deceased Mohammed Arbaz was also studying. The incident has taken

¶43

place in a spur of moment and the petitioner had no intention to murder Mohammed Arbaz. He further submits that the Post Mortem report of the deceased show that the death was as a result of multiple injuries sustained by the deceased. The

¶44

¶45

NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶46

petitioner has no criminal antecedent. Hence he prays to allow the petition.

¶47

Per contra, learned High Court

¶48

Government Pleader opposed the bail petition and submits that CW.2 to CW.5 are the eye witnesses

¶49

to the case and in the event the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses and accordingly prays to dismiss the petition.

¶50

The charge sheet material would go to show that the petitioner and the deceased were studying in the same institution and having regard to a petty incident that had taken place on 11.08.2022, there was a quarrel between the petitioner and the deceased on 12.08.2022. In the said incident the other accused persons who are the friends of the petitioner allegedly held the deceased Mohammed Arbaz and the petitioner allegedly stabbed him with pen knife. The

¶51

7 - NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶52

statements of CW.2 to CW.5 would go to show that

¶53

they have stated that the petitioner has assaulted Mohammed Arbaz with some weapon but they have not stated that he has used pen knife. Undisputedly, along with the petitioner, his friends were also present when the incident had taken place between the petitioner and the deceased. The Post Mortem report of the deceased would go to show that deceased has suffered multiple injuries on his body. In the Post Mortem report the cause for the death is mentioned as “due to shock and hemorrhage as a result of multiple injuries sustained”.

¶54

The allegation against the petitioner is that he had stabbed Mohammed Arbaz with the pen knife, but the Post Mortem report would go to

¶55

show that there were multiple injuries on his body. Accused No.2 to 6 have been already enlarged on bail and the petitioner undisputedly was a student

¶56

8 - NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶57

of the very same college in which Mohammed Arbaz was studying. It is not disputed that the petitioner has no criminal antecedent. He is in custody from 11.08.2022. The case is already committed to the Sessions Court and is numbered as S.C.144/2023. The apprehension of the leaned High Court Government Pleader that the petitioner may tamper with the prosecution witnesses can be met with by imposing stringent conditions.

¶58

Under these circumstances, I am of the opinion that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, I pass the following:

¶59

ORDER

¶60

The Criminal Petition is allowed .

¶61

The petitioner is directed to be released on

¶62

bail in respect of S.C.No.144/2023 (arising out of Crime No.277/2022 registered by Kadugondana

¶63

¶64

NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶65

Halli Police Station, Bengaluru) pending on the file of IV Additional City Civil and Sessions Judge, Bengaluru for the offence punishable under Section 323, 302, 120B read with Section 34 of IPC, subject to the following conditions:-

¶66

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/(Rupees One lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;

¶67

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

¶68

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

¶69

d) The petitioner shall not involve in similar offences in future;

¶70

10 -

¶71

NC: 2023:KHC:38647 CRL.P No. 8733 of 2023

¶72

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

¶73

Sd/JUDGE

¶74

DL CT: JL

Mohammed Saad v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mohammed Saad 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

State by Cubbon Park Police Station, Vs Ms. Charusmitha P N

Sri. Velu .C Vs State of Karnataka

Sri Nandan N Vs State by Yelahanka Ps

Samiulla Vs State of Karnataka

Mr. Mahammad Suhel Vs the State by

Sheeraram @ Suresha Vs State of Karnataka by