Allowed

Abubakkar Siddiki v. State of Karnataka

Karnataka HC22 Oct 2024CRL.P/3699/2024

Case brief

AI extract

What is this about?

The Court allowed bail for the petitioner in a case involving charges under Sections 307, 504, 506, 120B r/w 34 IPC. The Court noted the victim's injuries were certified as simple lacerated wounds, the petitioner had been in custody for over a year, and was granted bail in other cases, subject to strict conditions regarding appearance and conduct.

What did the court decide?

Petitioner enlarged on bail subject to executing personal bond of Rs. 1,00,000/- with two sureties, regular appearance, non-interference with witnesses, and Saturday attendance at police station.

Abubakkar Siddiki Vs State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:42248 CRL.P No. 3699 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 3699 OF 2024

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BETWEEN:

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ABUBAKKAR SIDDIKI S/O AFZAL AGED ABOUT 27 YEARS R/AT GANGABHAVANI QUARTERS CHANNAPPA GRADEN LINK ROAD J C NAGAR BENGALURU - 560 006

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…PETITIONER

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(BY SRI. PRAMOD M., ADVOCATE) AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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STATE OF KARNATAKA BY SHO, JC NAGAR PS BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001

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(BY SRI. RAHU RAI K., HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.106/2024 (CR.NO.161/2023) OF J.C.NAGAR P.S., BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 307,504,506,120B READ WITH 34 OF IPC

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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NC: 2024:KHC:42248 CRL.P No. 3699 of 2024

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ORAL ORDER

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Accused in S.C.No.106/2024 pending before the Court of LXIV Addl. City Civil and Sessions Judge, Bengaluru arising out of Crime No.161/2023 registered by J.C.Nagar Police Station, Bengaluru city, for the offences punishable under Sections 307, 504, 120B r/w 34 of IPC, is before this Court under Section 439 of Cr.P.C seeking regular bail.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.161/2023 was registered by

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J.C.Nagar Police Station, Bengaluru city, initially for the offences punishable under Sections 324, 325, 307, 504, 506, 120B r/w 34 against petitioner and another on the basis of first information dated 04.10.2023 received from Kiran Kumar, who is the injured victim in the present case. During the course of investigation of the case, the petitioner was arrested on 11.10.2023 and remanded to judicial custody. Investigation in the case is completed and

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NC: 2024:KHC:42248 CRL.P No. 3699 of 2024

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charge sheet has been filed against the petitioner and another person for the aforesaid offences.

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The bail application filed by the petitioner in Crl.Misc.No.1615/2024 before the jurisdictional Sessions Court was rejected on 02.03.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the victim had suffered only simply injury in the incident in question. Petitioner is in custody for the last more than one year. He has been enlarged on bail in all other criminal cases registered against him. Petitioner is ready and willing to abide by conditions imposed on him. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has seriously opposed the bail petition and submits that petitioner is a habitual offender involved in many other criminal cases, in the event he enlarged on bail, he is likely to indulge in similar offences. Accordingly, he prays to dismiss the petition.

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NC: 2024:KHC:42248 CRL.P No. 3699 of 2024

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Perusal of the first information and charge

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sheet would go to show that the first informant who is the injured victim in the present case and accused persons had fought against each other even earlier to the date of present incident. On 03.10.2023 at about 11.00 pm the accused persons who came near the place where the first informant was sitting had quarreled with him in the background of their ill-will against each other and allegedly assaulted him with Machatte on his head and left hand. As a result of the said assault made by the accused persons, the first informant allegedly suffered injury and immediately, he was shifted to Bowring Hospital, where he was treated for his injury. Investigation in the case is completed and charge sheet has been filed against petitioner and another person. Wound certificate of the injured first informant would go to show that he had suffered two injuries as a result of assault made by accused persons and both the injuries are lacerated wound which are certified to be simple in nature.

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5 - NC: 2024:KHC:42248 CRL.P No. 3699 of 2024

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Learned HCGP has seriously opposed the bail

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petition on the ground that petitioner is a person having criminal antecedents. Material on record would go to show that petitioner is involved in several other criminal cases registered by different Police Station across the city of Bengaluru. However, in the present case, the petitioner is in custody for the last more than one year and injuries suffered by the victim which are lacerated wound are certified to be simple in nature. It is submitted by the learned counsel for the petitioner that in other criminal cases, the petitioner has been enlarged on bail. Under the circumstances, I am of the opinion that the petitioner's prayer for grant of regular bail needs to be answered affirmatively, subject imposing appropriate conditions having regard to his antecedents.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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NC: 2024:KHC:42248 CRL.P No. 3699 of 2024

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The petitioner is directed to be enlarged on bail in S.C.No.106/2024 pending before the Court of LXIV Addl.

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City Civil and Sessions Judge, Bengaluru arising out of Crime No.161/2023 registered by J.C.Nagar Police Station, Bengaluru city, for the offences punishable under Sections 307, 504, 120B r/w 34 of IPC,, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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

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

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e) The petitioner shall not leave the jurisdiction of the Trial Court without

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NC: 2024:KHC:42248 CRL.P No. 3699 of 2024

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permission of the said Court until the case registered against him is disposed off.

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f) Petitioner shall mark his attendance before the Station House Officer of J.C.Nagar police station Bengaluru on every Saturday between 10.00 a.m. and 1.00 p.m. till the case registered against him is disposed off.

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SD/(S VISHWAJITH SHETTY)

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JUDGE

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ASN List No.: 1 Sl No.: 37

Abubakkar Siddiki v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Abubakkar Siddiki v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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