Syed Noorudeen @ Noor vs State Of Karnataka on 2 November, 2016

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Karnataka High Court

Syed Noorudeen @ Noor vs State Of Karnataka on 2 November, 2016

Bench: Rathnakala

                        -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF NOVEMBER 2016

                       BEFORE

         THE HON'BLE MRS.JUSTICE RATHNAKALA

          CRIMINAL PETITION NO.7495/2016

BETWEEN:

1.    SYED NOORUDEEN @ NOOR
      S/O SYED MUSHTAQ
      AGED 26 YEARS
      R/AT SALAMATH NAGAR
      OPP. UJMA SCHOOL
      HOSKOTE
      BANGALORE DISTRICT - 562 114.

2.    MASTHAN BAIG @ MASTAN
      S/O MEHABOOB PASHA
      AGED 21 YEARS
      R/AT OLD MADRAS ROAD
      NEAR JAHIRIYA MAZID
      HOSKOTE TOWN
      BANGALORE DISTRICT - 562 114.

3.    JABI
      S/O SYED AHAMAD
      AGED 22 YEARS
      R/AT NEAR MARAMMA TEMPLE
      KURUBARPETE,
      HOSKOTE TOWN
      BANGALORE DISTRICT - 562 114.

4.    MAHAMAD AYUB @ AYUB
      S/O LATE SHAHANAVAZ
      AGED 18 YEARS
                          -2-



       R/AT C/O JABBAR HOUSE
       MUTTON MARKET ROAD
       HOSKOTE TOWN
       BANGALORE DISTRICT - 562 114.

5.     WASEEMPASHA @ GANDHI
       S/O SYED IMTHIYAZ
       AGED 21 YEARS
       R/AT RAJAPET PETE
       NEAR SINGH SHADI MAHAL
       HOSKOTE TOWN
       BANGALORE DISTRICT - 562 114.

6.     HASIBOOR REHAMAN @ HABEEB
       S/O LATE KHADAR SAB
       AGED 26 YEARS
       R/AT VINAYAKANAGAR
       HOSKOTE TOWN
       BANGALORE DISTRICT - 562 114.

7.     ABDUL HAFIZ @ ABDUL
       S/O AMEER KHAN
       AGED 32 YEARS
       R/AT KHAJI MOHALLA
       BABU LAYOUT
       HOSKOTE TOWN
       BANGALORE DISTRICT - 562 114.   ...PETITIONERS

(BY SRI HASHMATH PASHA, ADV.)

AND:

STATE OF KARNATAKA
BY HOSKOTE POLICE
BANGALORE DISTRICT
REPRESENTED BY
LEARNED STATE PUBLIC PROSECUTOR        ...RESPONDENT

(BY SRI B.J.ESHWARAPPA, HCGP.)
                                   -3-



     THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS
ON BAIL IN CR.NO.386/2016 (SPL.C.NO.153/2016) OF
HOSAKOTE P.S., BENGALURU DIST., FOR THE OFFENCE
P/U/S 143, 147, 148, 363, 307, 323, 324, 504, 506 AND
201 R/W 149 OF IPC AND SEC.9(1) AND 10 OF POCSO ACT
AND SEC. 67 OF I.T.ACT.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

Heard the learned Counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent.

2. The respondent-police have charge sheeted the accused persons in respect of the offence punishable under sections 143, 147, 148, 363, 307, 323, 324, 504, 506, 201 r/w 149 of IPC, section 9(u) and 10 of POCSO Act and section 67 of Information Technology Act for physically abusing CWs 2, 3 and 4 who are all minors.

3. Perused the charge sheet papers, so also the injury certificates pertaining to the injured. The victims have suffered simple injuries and are treated -4- conservatively. Since the charge sheet is filed, there is no impediment to enlarge the petitioners on bail in the given circumstance.

Accordingly, the petition is allowed. Petitioners are enlarged on bail in Cr.No.386/2016 of Hoskote police station on the following conditions:

(i) The petitioners are enlarged on bail on each of them executing a self bond for Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned court.

(ii) They shall appear before the court on all hearing dates regularly and punctually.

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

Sd/-

JUDGE DVR/-

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