Karnataka High Court
Sri Mohammed Asif @ Dathamma vs State Of Karnataka on 20 July, 2017
Author: Rathnakala
Bench: Rathnakala
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20th DAY OF JULY 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.4920/2017
BETWEEN:
SRI MOHAMMED ASIF @ DATHAMMA
S/O ISUBU BAVA
MAJOR
R/AT H.NO.8-14-1175
KODIYAL BAILU
MANGALURU - 575 003. ...PETITIONER
(BY SRI B.VISHWAJITH SHETTY, ADV.)
AND:
STATE OF KARNATAKA
MANGALURU NORTH POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU - 560 001. ...RESPONDENT
(BY SRI S.VISHWAMURTHY, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.152/2007 (S.C.NO.60/2017) OF MANGALORE NORTH
P.S., D.K. DISTRICT FOR THE OFFENCES P/U/S 143, 147, 148,
324, 307 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
ORDER
Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner is arraigned as accused in the split up charge sheet submitted by the respondent-police in their Cr.No.152/2007 in respect of the offences under Sections 143, 144, 147, 148, 341, 324, 307, 504, 506 r/w section 149 of IPC. On his absence, twice his case was split up from the main case. Now the main case has ended in acquittal of the co-accused. He is said to have been arrested from the Cochin International Airport. His application for bail is rejected by the Sessions Court since he could not substantiate his absence by offering valid reasons supported by documentary proof.
3. Learned counsel for the petitioner submits that the petitioner was arrested on 18.4.2017 and undertakes to abide by any condition that may be imposed on him by the Court.
-3-
4. Having regard to his submission, the petition is allowed. Petitioner is enlarged on bail in Crime No.152/2007 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
The surety shall produce his original title deeds pertaining to the immovable properties and his identity/Aadhar card for perusal of the Court. He must not have previous history of offering surety to any accused in any other criminal case so far.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall not leave the jurisdiction of the Sessions Court till conclusion of trial.
(iv) He shall mark his attendance on every Tuesday before the SHO of respondent- police station till conclusion of trial.
Sd/-
JUDGE Dvr: