Hussaini Baig Alias Yasin Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH UDYAGIRI POLICE STATION, MYSURU CITY REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI. THEJESH P, HIGH COURT GOVERNMENT PLEADER)

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THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN CR.NO.217/2021, PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE AT MYSURU IN S.C.NO.99/2022 REGISTERED BY UDAYAGIRI P.S., MYSURU CITY, FOR THE OFFENCES

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NC: 2025:KHC:989 CRL.P No. 13680 of 2024

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PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 341, 302, 506 READ WITH 149 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL ORDER

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Learned High Court Government Pleader is directed to accept notice for respondent.

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This petition is filed by the petitioner-accused No.4 under Section 439 of Cr.P.C. (483 of BNSS) for grant of regular bail in S.C.No.99/2022 now pending on the file of the II Additional District and Sessions Judge, Mysuru, arising out of Crime No.217/2021 registered by Udayagiri Police Station, Mysuru and charge-sheeted for the offences punishable under Sections 143, 144, 147, 148, 341, 302 and 506 read with Section 149 of IPC.

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Heard learned counsel for the petitioner and learned

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High Court Government Pleader for the respondent-State.

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The case of the prosecution is that on the complaint of P.W.1-brother of the deceased, the police have registered

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the FIR. It is alleged that on 12.10.2021, when the deceased was proceeding along with another person, the accused persons said to have intercepted the deceased and committed his murder by stabbing and cutting the neck. Based upon the compliant, the police have registered the FIR, investigated the matter and filed the charge-sheet. During the investigation, the petitioner was arrested on 19.10.2021. Now the matter is before the Sessions Court for trial. This petitioner approached the II Additional District and Sessions Judge, Mysuru for grant of bail, which came to be rejected. Hence, he is before this Court.

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Learned counsel for the petitioner submits that the co-accused were already enlarged on bail by this Court in various criminal petitions and hence, this petitioner is also entitled for bail on the ground of parity.

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Per contra, learned High Court Government Pleader

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though objected the petition but did not deny the granting of bail to co-accused by this Court .

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NC: 2025:KHC:989 CRL.P No. 13680 of 2024

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Having heard the arguments addressed by the learned High Court Government Pleader and on perusal of the documents especially the previous orders passed by this Court, it is evident that co-accused persons were granted bail by this Court in various criminal petitions. Accused persons are in custody from 19.10.2021 for more than 3 years. The trial was not at all properly conducted. Though several witnesses have been examined, the remaining 34 witnesses are yet to be examined by the Trial Court. There is no possibility of concluding the trial in the near future and keeping the petitioner in custody will not serve any purpose. Considering that the accused No.5 has been granted bail by this Court in Crl.P.No.7935/2024 on 04.09.2024, accused No.1 has been granted bail in Crl.P.No.12129/2024 on 20.11.2024, accused No.2 has been granted bail in Crl.P.No.11283/2024 on 22.11.2024 and accused No.3 has been granted bail by this Court in Crl.P.No.12804/2024 on 02.12.2024, this petitioner is also entitled to bail on the ground of parity. Therefore, by imposing certain stringent conditions, if the petitioner is released on bail, no prejudice would be caused to the case of the prosecution. Hence, the following:

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ORDER

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The petition is allowed .

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The Trial Court is directed to release the petitioner-

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accused No.4 on bail, in Crime No.217/2021 registered by Udayagiri Police Station, for the aforesaid offences, subject to the following conditions: -

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(i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court;

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