Karnataka High Court
Saifu @ Saifuddin vs The State Of Karnataka on 27 October, 2016
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2016
BEFORE
THE HON' BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.6705 OF 2016
Between:
Saifu @ Saifuddin,
S/o.Late Abdul Kadar,
Aged about 42 years,
Occ: Transport Business,
R/at "Madani Manjil",
AK Compound,
Athradi, Athradi Village,
Udupi Taluk - 576 113.
... Petitioner
(By Sri.M.R.Balakrishna, Advocate)
And:
The State of Karnataka,
By Hiriadka Police Station,
Bramhavara Circle,
Udupi District.
Represented by its State Public Prosecutor,
High Court Building,
Bengaluru-560 001.
... Respondent
(By Sri.B.J.Eshwarappa, HCGP)
This Petition is filed under Section 439 of Cr.P.C.,
praying to enlarge the petitioner on bail in
Cr.No.100/2016 of Hiriadka Police Station, Udupi, for the
offence p/u/s 120(B), 364, 302, 201 r/w 34 of IPC.
This Petition coming on for Orders this day, the
Court made the following:
2
ORDER
Heard Sri. M.R.Balakrishna, learned counsel for petitioner and learned HCGP for respondent.
2. Respondent-Police registered a case in Crime No.100/2016 dated 14.7.2016 in respect of the offences punishable under Sections 201 and 302 of IPC against two accused persons; the petitioner herein is arraigned as 2nd accused. It is the submission at the Bar that, now the investigation is completed, charge-sheet is field in respect of the offences under Sections 109, 120(B), 364, 302, 201 read with Section 34 of IPC against seven accused persons.
3. The role attributed by the prosecution to this petitioner is, in pursuance of the previous enimity (deceased since gave information to the Police about gold smuggling activities of the petitioner), he hired accused Nos. 1, 3 to 7 to murder the deceased. Accordingly, the co- accused assaulted the deceased 3 with sharp edged weapon on 13.7.2016 and done him to death.
4. As per the case of the prosecution, CW-24, a Waiter in a Bar has heard the five accused persons conspiring to murder the deceased and also heard them mentioning the name of one Saif as the person who will fund money for the murder. While the incident is of 13.7.2016, this petitioner was arrested on 18.7.2016 and the statement of CW-24 is recorded on 19.7.2016.
5. Having regard to the definite role attributed to this petitioner, which is yet to be proved by trial, there is no impediment to enlarge this petitioner on bail, subject to conditions.
6. The petition is allowed. The petitioner is enlarged on bail in Crime No.100/2016 registered by respondent-Police, on his executing a self bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two local sureties for the like-sum. 4
The petitioner and the sureties shall submit their proof of residential address, like Aadhar card or Voters ID to the concerned Court and also to the IO.
While accepting the sureties, the concerned Court shall examine the original title deeds of the immovable properties of the sureties.
The petitioner shall mark his attendance before the respondent/IO during the office hours till the conclusion of the trial.
He shall not indulge in any illegal activities and maintain himself as law binding person.
He shall not prevail upon the prosecution witnesses.
Liberty is reserved to the IO to move for cancellation of bail, if the petitioner violates any of the above conditions.
Sd/-
JUDGE tsn*