Adnan S/O Ayub vs The State Through on 17 June, 2015

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Karnataka High Court

Adnan S/O Ayub vs The State Through on 17 June, 2015

Bench: K.N.Phaneendra

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         IN THE HIGH COURT OF KARNATAKA

                    KALABURAGI BENCH

        DATED THIS THE 17TH DAY OF JUNE 2015

                               BEFORE

     THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

           CRIMINAL PETITION No.200520/2015
Between:

Adnan S/o Ayub
Aged 23 years, Occ: Private Service
R/o Maruti Nagar, Moosapet
Hyderabad (TS)
                                                    ... Petitioner
(By Sri Anil Kumar Navadagi, Advocate)

And:

The State through
Market Police Station, Bidar
Tq. & Dist. Bidar
                                              ... Respondent
(By Sri Prakash Yeli, Addl. SPP)

     This Criminal Petition is filed under Section 439 of Cr.P.C.,
praying to enlarge the petitioner on bail in Crime No.15/2015 of
Market Police Station, Bidar, Dist. Bidar, which is registered for
the offences punishable under Sections 326, 307, 302, 504 r/w
Section 34 of IPC.

      This petition coming on for Orders this day, the Court
made the following:
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                         ORDER

Petitioner is arrayed as accused No.2 in Crime No.15/2015 of Market Police Station, Bidar, for the offences punishable under Sections 326, 307, 504 r/w Section 34 of IPC. Subsequently, after the charge sheet is filed, a case is registered in C.C.No.804/2015 on the file of JMFC-II Court, Bidar.

2. The brief factual matrix that emanate from the charge sheet papers are that,-

The deceased-Jokeem and accused No.1-Noorshah were wrestlers. In fact, in Bidar fare, they fought against each other and the deceased-Jokeem was successful in the contest. Accused No.1 lost the battle in the said wrestling competition. Therefore, he was seeking opportunity to do away with the life of the said Jokeem. In this background, it is alleged that on 30.01.2015 at about 00.10 hours, 3 accused Nos.1 to 3 have assaulted the deceased-Jokeem. Particularly, it is alleged that accused No.1-Noorshah has assaulted the deceased with knife and the petitioner has assaulted with a stone on the chest and back portion of the deceased and another accused-Rizwan assaulted on the right big toe of the deceased with a stone.

3. Earlier, this Court has rejected the bail petition giving liberty to the petitioner to approach this Court after the charge sheet is filed. This Court exercising its jurisdiction has already enlarged the another accused- Rizwan on bail. The nature of the allegations made against this petitioner and another accused-Rizwan is almost similar. Both of them have assaulted the deceased with stone on various parts of the body. The Postmortem examination report shows that the death was due to stab injuries and the doctor has not stated about the other 4 injuries as to whether they were grievous in nature or simple in nature. As could be seen form the Postmortem examination report, there was a fracture of clavicle and 8th, 9th and 10th ribs of the left side. Whether these injuries were caused due to the stab wounds or due to the assault with the stones is not forthcoming in the charge sheet papers or in the Postmortem examination report. However, eyewitnesses have stated that this petitioner and others have assaulted the deceased. There is no allegation of whatsoever against this petitioner that earlier there was any quarrel between the deceased and the petitioner. As argued by the learned counsel, perhaps, this petitioner is also a friend of accused No.1-Noorshah and therefore, he was also implicated into the crime. However, there is statement of the eyewitnesses with regard to the participation of this petitioner. As to whether he was also intended to do away with the life of the deceased-Jokeem 5 has to be thrashed out during the course of full dressed trial.

4. As there is no material that he has assaulted the deceased on vital parts of the body and caused any severe injuries and the other accused by name Rizwan who assaulted the deceased with stone has already been released on bail, on the ground of parity also, petitioner is entitled to be enlarged on bail on stringent conditions.

5. Hence, I pass the following:

ORDER The petition filed under Section 439 of Cr.P.C., is allowed. Consequently, the petitioner shall be released on bail in connection with C.C.No.804/2015 arising out of Crime No.15/2015 for the offences punishable under Sections 326, 307, 504 r/w Section 34 of IPC, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh Only) with two solvent sureties for the likesum to the satisfaction of the Committal Court or the Trial Court, as the case may be.

ii) The petitioner shall not indulge in tampering the prosecution witnesses.

iii) The petitioner shall appear before the Court on all the future hearing dates unless prevented by any genuine cause.

iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission, till the disposal of the case on merits.

Sd/-

JUDGE NB*

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