Allowed

Shahabaz v. State of Karnataka

Karnataka HC6 Feb 2024CRL.P/574/2024

Case brief

AI extract

What is this about?

Accused No.4 sought regular bail under Section 439 Cr.P.C. in a murder (S.302/120B/34 IPC) case; he had earlier been released on bail but absconded and was rearrested, remaining in custody over one and a half years with the trial not yet begun. Co-accused had been granted bail. The High Court allowed the petition subject to stringent conditions including bond forfeiture for prior default.

What did the court decide?

Petitioner/accused No.4 to be released on bail in SC No.156/2022 on personal bond of Rs.2,00,000 with two sureties, subject to stringent conditions.

Shahabaz Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:5133 CRL.P No. 574 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 574 OF 2024

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BETWEEN:

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SHAHABAZ S/O HABEEB KHAN, AGED ABOUT 21 YEARS, R/AT 2ND CROSS, MADARIPALYA, SHIVAMOGGA 582123

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…PETITIONER

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(BY SRI M KRISHNE GOWDA, ADVOCATE)

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AND:

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Digitally signed by SUCHITRA M J Location: High Court of Karnataka

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STATE OF KARNATAKA STATE BY TUNGANAGAR POLICE RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001

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…RESPONDENT (BY SRI VENKATA SATHYANARAYANA, HCGP)

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CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.156/2022 (CR.NO.247/2020) OF TUNGA NAGAR P.S., SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S 302,120B R/W 34 OF IPC ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA, ETC.,

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

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NC: 2024:KHC:5133 CRL.P No. 574 of 2024

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ORDER

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This petition is filed by the petitioner - accused under Section 439 of Cr.P.C. praying to enlarge him on bail in SC No.156/2022 pending on the file of III Addl. District and Sessions Judge, Shivamogga arising out of Cr. No.247/2020 of Tunganagar Police Station for the offences punishable under Sections 302, 120B r/w Section 34 of IPC.

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Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent - State.

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The case of the prosecution is that the petitioner was granted bail and he was released on bail on 29.10.2020. Thereafter, he was absconding and an attachment was issued by the Court and then he secured by the Police on 14.07.2022. His earlier bail petition came to be rejected on 12.07.2023. Once again the petitioner is before this Court seeking bail.

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Learned counsel for petitioner would contend that the other accused Nos. 1 and 2 are granted bail by this Court on 21.12.2023 in Crl.P. No.11543/2023 and Cr. P. No.10488/2022 on 10.07.2023 and accused No.3 was granted bail by the Sessions Court on 30.12.2021 in SC No.135/2021.

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NC: 2024:KHC:5133 CRL.P No. 574 of 2024

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He further contends that the petitioner is in custody for more than one and a half year. The trial has not yet began and hence prayed to grant the bail to the petitioner - accused No.4.

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Learned HCGP seeks for rejection of the bail petition filed by the petitioner - accused No.4.

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Having heard the arguments of the learned counsel for petitioner and learned HCGP and on perusal of the entire material on record, of course, considering the fact that the earlier bail petition of the petitioner was allowed and he is released on bail, but he was absconding and thereafter he was arrested and is in custody for more than one and a half years. The trial is not yet began. This Court has already granted bail to the other accused persons.

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Considering the same, I am of the view that by imposing certain stringent conditions if the bail is granted, no prejudice would be caused to the case of the prosecution. Accordingly, the following order:

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ORDER

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(i) The petition is allowed.;

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(ii) The trial Court is directed to release the petitioner/accused No.4 on bail in SC

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4 - NC: 2024:KHC:5133 CRL.P No. 574 of 2024

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No.156/2022 pending on the file of III Addl. District and Sessions Judge, Shivamogga arising out of Cr. No.247/2020 of Tunganagar Police Station for the offences punishable under Sections 302, 120B r/w Section 34 of IPC, subject to the following conditions:-

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(a) 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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(b) Petitioner shall not leave the jurisdiction of this Court without prior permission.;

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(d) The trial Court shall collect the 1/5^th of the earlier bond amount from the petitioner by considering if any application is filed under Section 446(3) of Cr.P.C.

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Sd/JUDGE

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List No.: 1 Sl No.: 18

Shahabaz v. State of Karnataka

Case brief

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Shahabaz v. State of Karnataka

Case brief

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What did the court decide?

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