Mohammad Kasif @ vs State By Rmc Yard on 21 April, 2017

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Karnataka High Court

Mohammad Kasif @ vs State By Rmc Yard on 21 April, 2017

Bench: Rathnakala

                             -1-




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF APRIL 2017

                       BEFORE

       THE HON'BLE MRS JUSTICE RATHNAKALA

       CRIMINAL PETITION NO.2368 OF 2017

BETWEEN:

Mohammad Kasif
@ Khasif
S/o Abdul Hamid,
Aged about 18 years,
Residing at No.09,
Old Police Lane,
'D' Street, Makhan Road,
Shivajinagar,
Bengaluru-560 051.                   ...Petitioner

(By Sri.V.Anand, Advocate)

AND:

State by RMC Yard
Police Station,
Bengaluru-560 022.

Rep. by SPP,
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 petitioner on Bail in
Cr.No.158/2016 (C.C.No.08/2017) of R.M.C Yard Police
Station, Bangalore for the offences punishable under
Sections 395,397 of IPC and etc.

      This Criminal Petition coming on for Orders this
day, the Court made the following:

                         ORDER

The respondent-police have chargesheeted the petitioner (A6), with six others in Crime No.158/2016 dated 26.09.2016 in respect of the offences punishable under Sections 395 and 397 of IPC.

2. The allegation of the prosecution is, accused Nos.1 to 6 way laid the complainant while he was proceeding near NH-4, CMTI junction, threatened him with lethal weapons. A1 assaulted him with a chopper on his back, A3 snatched his Samsung VS mobile phone.

3. On 22.09.2016 A1, A3 to A6 were arrested and from their possession, the stolen properties -3- pertaining to the present case and other cases was seized.

4. Sri.V.Anand, learned advocate for the petitioner submits that as on the date of the incident, the petitioner was in judicial custody in Crime No.152/2016 and he was procured under body warrant, in present case. The complaint was lodged 8 days after the incident, while he was in custody.

5. No incriminating material is recovered from the possession of this petitioner. Investigation having been complete, there is no impediment to allow the petition.

6. In the given circumstances, the petition is allowed. Petitioner is enlarged on bail in Crime No.158/2016 of the respondent-Police, subject to following conditions:

(i) He shall execute a self-bond for a sum of Rs.1,00,000/- with one surety for -4- the likesum to the satisfaction of the concerned Court.

(ii) He shall attend the court regularly on all hearing dates.

(iii) He shall not threaten or prevail upon the prosecution witnesses.

(iv) He shall not indulge in any criminal activities.

Sd/-

JUDGE DN/-

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