Karnataka High Court
Thanzeer vs The State Of Karnataka on 7 December, 2018
CRL.P.NO.7139/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.7139 OF 2018
BETWEEN:
THANZEER
S/O NAZEER AHAMED
AGED ABOUT 30 YEARS
R/AT MUSLIM BLOCK, HUNSUR TOWN
MYSURU DISTRICT - 575 102 ... PETITIONER
(BY SRI B.LETHIF, ADV.)
AND
THE STATE OF KARNATAKA
BY HUNSUR TOWN POLICE STATION
MYSURU DISTRICT
REP. BY THE S.P.P.
HIGH COURT BUILDING
BANGALORE - 560 001 ... RESPONDENT
(BY SMT.NAMITHA MAHESH B.G., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR.NO.231/2018 OF HUNSUR TOWN POLICE
STATION, MYSURU DISTRICT FOR THE OFFENCES P/U/S
354(B), 354(D)(1), 307, 506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P.NO.7139/2018
2
ORDER
Hunsur town Police have registered Crime No.231/2018 against the petitioner for the offences punishable under Sections 354(B), 354(D)(1), 307 & 506 of I.P.C. on the complaint of one Sharada.
2. IV Addl. Sessions Judge, Mysuru granted him bail in Crl.Mis.No.1245/2018. He furnished surety and was released on 28.04.2018. On 02.06.2018 for one hearing date he failed to appear before the Court. Therefore non-bailable warrant was issued against him. He was arrested and produced before the Magistrate on 23.06.2018.
3. Since offence under Section 307 of I.P.C. was involved he filed bail petition in Crl.Misc.1245/2018 before the IV Addl. Sessions Judge, Mysuru, which was rejected with the observation that he has to file bail application before the jurisdictional Magistrate. The learned Magistrate rejected petitioner's bail application on 09.09.2018 on the ground that the offence is triable CRL.P.NO.7139/2018 3 by the Sessions Court, therefore he is not Competent to grant bail.
4. The default of the petitioner in appearing before the Court is solitary one. Petitioner states that due to communication gap he could not collect the correct hearing date. Under these circumstances, it is the fit case to grant bail with suitable conditions.
Therefore the petition is allowed. Petitioner is granted bail in Crime No.231/2018 of Hunsur town Police Station, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/-
JUDGE HR