Karnataka High Court
Syed Ismail @ Ismail vs The State Of Karnataka By on 5 April, 2017
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2017
BEFORE
THE HON' BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.1345/2017
BETWEEN
1. SYED ISMAIL @ ISMAIL
S/O LATE SYED KASEEM
AGED ABOUT 25 YEARS
R/AT # 304, DIAMOND RESIDENCY
APARTMENT, 3RD CROSS, POPULAR COLONLY
MADINA NAGAR, BOMMANAHALI
BENGALURU - 560 008
2. BABULAL
S/O LATE ABDUL WAHEED
AGED ABOUT 42 YEARS
R/AT 5TH CROSS, MUNESHWARA NAGARA
BANDEPALYA, BENGALURU - 560 068
... PETITIONERS
(BY M/s. K. RAMSINGH & ASSOCIATES, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY BOMMANAHALLI POLICE STATION
BENGALURU - 560 068
REPRESENTED BY GOVERNMENT PLEADER
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
... RESPONDENT
(BY SRI.B.J.ESHWARAPPA, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS
ON BAIL IN CR.NO.24/2016 (S.C.NO.913/2016) OF
BOMMANAHALLI POLICE STATION, BENGALURU FOR THE
OFFENCE PUNISHABLE UNDER SECTION 120(B), 143, 147,
148 AND 302 READ WITH SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State.
2. The petitioners (Accused Nos. 1 and 2) along with three others are charge sheeted in respect of the offence punishable under Sections 120(B), 143, 147, 148 and 302 read with Section 149 OF IPC.
3. The allegation is that accused persons in pursuance of their money dispute between accused No.1 and the deceased, on the night of 21.03.2016 assaulted the deceased to death with their lethal weapons. They 3 were arrested on 22.03.2016. The names of the assailants were not mentioned in the complaint lodged by the brother of the deceased. The statement of eyewitness CW-21 and CW-22 was recorded subsequent to the arrest of the petitioners. Accused Nos.3, 4 and 5 are enlarged on bail. These petitioners also stand on the similar pedestal with those who are enlarged on bail. In the given circumstances, there is no impediment to allow the petition.
Accordingly the petition is allowed.
i) Petitioners shall execute a self-bond for Rs.1,00,000/- each with one separate surety for the likesum to the satisfaction of the concerned Court.
ii) They shall not threaten or prevail upon the prosecution witnesses.
iii) They shall attend the Court on all the hearing dates regularly and punctually. 4
iv) They shall not leave the Sessions jurisdiction of the Court until conclusion of trial.
Sd/-
JUDGE Bsv