The High Court of Karnataka allowed a bail petition under Section 439 Cr.P.C. for accused No. 3 in an IPC case involving assault and grievous hurt, holding him entitled to bail despite serious allegations against other accused who were absconding.
Petitioner enlarged on bail on bond of Rs. 2,00,000 with two sureties subject to conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 3418 OF 2024
BETWEEN:
SRI. SYED AKBAR PASHA, S/O. SYED SIRAJ PASHA, AGED ABOUT 25 YEARS R/AT: NO.896, 4TH CROSS, DASAPPA GARDEN, R.T. NAGAR, BENGALURU - 560 032
Digitally signed by BHARATHI S Location: high court of karnataka
(BY SRI. SYED ABRAR, ADVOCATE)
AND:
…PETITIONER
THE STATE OF KARNATAKA BY ITS SHO, HEBBAL POLICE STATION, BENGALURU REPRESENTED BY ITS S.P.P., HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001
…RESPONDENT
(BY SMT. WAHEEDHA .M.M., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.3 ON BAIL IN CR.NO.260/2023, REGISTERED BY HEBBAL POLICE STATION, LATER CHARGE SHEET FILED IN C.C.NO.1600/2024 BEFORE 1ST ADDL. CMM COURT AT BENGALURU AND LATER COMMITTED AND TRANSFERRED IN S.C.NO.378/2024 REGISTERED BY THE RESPONDENT HEBBAL POLICE STATION U/S 307, 323, 504 R/W 34 OF IPC, PENDING BEFORE THE HONBLE LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-62) IN THE ABOVE CASE.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - accused No. 2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No. 260/2023 of Hebbal Police Station, pending in S.C.No. 378/2024, on the file of the learned LXI Additional City Civil and Sessions Judge, Bengaluru, registered for the offences punishable under Section 307, 323, 504 r/w 34 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Firoz Ahmed.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
NC: 2024:KHC:18999 CRL.P No. 3418 of 2024
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
expressed by the learned High Court Government Pleader that the petitioner may abscond or may tamper or threaten the prosecution witnesses.
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in *Crime No.260/2023 of Hebbal Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
correction carried out vide court order dated: 13/06/24
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/JUDGE
SPV
List No.: 1 Sl No.: 31
2 issues framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
Whether the petitioner can be enlarged on bail subject to conditions to prevent absconding or tampering with witnesses?
5 provisions across 2 enactments
Sri. Syed Akbar Pasha
The State of Karnataka
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
