Allowed

Zainal Abdin Alias Babul v. the State of Karnataka

Karnataka HC12 Sept 2024CRL.P/8553/2024

Case brief

AI extract

What is this about?

Successive bail plea under Section 439 Cr.PC in a robbery case. The sole eye witness, an injured security guard examined as P.W.2, turned hostile despite prosecution cross-examination on his Section 161 statement. Holding continued custody unwarranted, the court enlarged the accused on bail with conditions.

What did the court decide?

Petitioner enlarged on bail on fresh bond of Rs.2,00,000 with two like sureties, subject to conditions.

Zainal Abdin Alias Babul Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC:37510 CRL.P No. 8553 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION No.8553 OF 2024

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BETWEEN:

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ZAINAL ABDIN ALIAS BABUL S/O NOOR ISLAM, AGED ABOUT 29 YEARS, R/AT C/O JAMSHEED BANU, NO.644, KANAKANAGARA, YELCHENAHALLI, NEAR NOORANI MASJID, KANANKAPURA ROAD, J.P NAGARA POST, BANGALORE-560078

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NATICE OF NADIRKASH GRAM, LALPUL BAZAR, DALGAON POLICE STATION UDALGIR, DARANG DISTRICT, ASSAM-784514

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…PETITIONER

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(BY SRI LETHIF B, ADVOCATE)

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AND:

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY JIGANI POLICE STATION, ANEKAL TALUK, BENGALURU RURAL DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001.

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…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.5039/2023 (CR.No.228/2022) OF JIGANI P.S. BENGALURU RURAL DISTRICT FOR THE OFFENCE P/U/S 143,147,148,120B,396,397 R/W 149 OF IPC PENDING ON THE

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NC: 2024:KHC:37510 CRL.P No. 8553 of 2024

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FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT SITTING AT ANEKAL.

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

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ORAL ORDER

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Heard Sri Lethif B, learned counsel for the petitioner and

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Sri Channappa Erappa, learned High Court Government Pleader.

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Successive bail request by petitioner/accused No.2.

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Petitioner is charged for the offence punishable under Sections 396 and 397 of the Indian Penal Code.

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Sole eye witness to the incident is C.W.2 who has been examined as P.W.2 before the Sessions Court and he is injured in the incident. Said witness who is the security guard who is said to have seen the incident has turned hostile to the case of the prosecution. Prosecution treated the said witness as hostile witness and cross-examined him by confronting the statement recorded by the Investigation Officer under Section 161 of the Code of Criminal Procedure.

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NC: 2024:KHC:37510 CRL.P No. 8553 of 2024

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Despite such cross-examination confronting the Section 161 statement, no useful material is elicited by the prosecution.

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When the injured eye witness has not supported the case of the prosecution, continuation of the accused in judicial custody is no longer warranted.

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Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions.

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Accordingly, the following:

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ORDER

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(i) Bail petition is allowed .

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(ii) Petitioner is directed to be enlarged on bail on executing a fresh bond in a sum of Rs.2,00,000/with two sureties for the likesum to the satisfaction of the Trial Court.

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(iii) Petitioner shall appear before the Court regularly.

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(iv) Petitioner shall not leave the jurisdiction of Bengaluru District without prior permission.

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(v) Petitioner shall not directly or indirectly tamper the prosecution witnesses.

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NC: 2024:KHC:37510 CRL.P No. 8553 of 2024

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Violation of any one of the above conditions would entitle

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the prosecution to seek for cancellation of the bail.

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Sd/(V SRISHANANDA) JUDGE

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kcm List No.: 3 Sl No.: 9

Zainal Abdin Alias Babul v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Zainal Abdin Alias Babul v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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