Petitioner, accused No.1 in a murder case, sought regular bail under Section 439 Cr.P.C. Charge sheet filed; no machete wounds matched the alleged assault; deceased had coronary artery disease; co-accused already on bail. Court granted bail with conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 9267 OF 2024
BETWEEN:
Digitally signed by SWAPNA V Location: high court of karnataka
SRI. WAHEED AHAMED, S/O NASIR AHAMED, AGED ABOUT 27 YEARS, R/AT NO. 93, 6TH CROSS, GANGONDANAHALLI, BANGALORE - 560 009. (BY SRI. C. VIJAYA KUMAR, ADVOCATE)
…PETITIONER
AND:
STATE BY CHANDRA LAYOUT POLICE STATION, BENGALURU REPRESENTED BY THE SPP, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDINGS, AMBEDKAR VEEDHI, BENGALURU - 560 001.
…RESPONDENT
(BY SMT. N. ANITHA GIRISH, ADVOCATE)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN S.C.NO.256/2024 ON THE FILE OF XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGLAURU (CCH-46) ALLEGED OFFENCE P/U/S 302, 307, 354, 324, 504, 506 OF IPC R/W SEC. 34 OF IPC, REGISTERED IN CHANDRA LAYOUT POLICE STATION IN CR.NO.493/2023 BENGALURU AND RELEASE THE PETITIONER ON BAIL IF IMPOSED ANY SUCH CONDITIONS THAT MAY COMPLY AS PRAYED FOR IT BY THIS HONBLE COURT.
NC: 2024:KHC:37786 CRL.P No. 9267 of 2024
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.493/2023 of Chandra Layout Police Station, pending in SC No.256/2024 on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru, registered for the offences punishable under Sections 302, 307, 354, 324, 504, 506 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Ayesha Banu.
petitioner and Smt. N.Anitha Girish, learned High Court Government Pleader for the respondent-State. Perused the materials on record.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
chin and contusion measuring 1cmX0.5cm over right side of neck 6 cm below right angle of mandible. As per the final opinion about the cause of death is due to injury sustained to the neck. However, it is stated that the deceased had coronary artery disease at the time of death.
accused No.1, had motive to cause the death, assaulted the deceased and injured with machete on the deceased and or on the injured eye witness. No chopped wound caused with machete were found either on the deceased body or on the injured. The petitioner is not having any criminal antecedents. It is also pertinent to note that accused No.2 is already enlarged on bail by this Court, in Crl.P.No.4333/2024 as per order dated 22.06.2024. Considering all these facts and circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution.
affirmative and proceed to pass the following:
NC: 2024:KHC:37786 CRL.P No. 9267 of 2024
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.493/2023 of Chandra Layout Police Station, pending in SC No.256/2024 on the file of the learned XLV Additional City Civil and Sessions Judge, Bengaluru, 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:
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
NC: 2024:KHC:37786 CRL.P No. 9267 of 2024
Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.
Sd/(M G UMA) JUDGE
BH List No.: 3 Sl No.: 10
2 provisions across 2 enactments
Waheed Ahamed
State by Chandra Layout Police Station, Bengaluru
M G Uma
As recorded by the court registry
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