Karnataka High Court
Babu S/O Hussainsab vs The State on 24 October, 2017
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF OCTOBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.201057/2017
BETWEEN:
BABU S/O HUSSAINSAB
AGE: 26 YEARS OCC: PRIVATE WORK
R/O: JHALAKI TQ: ALANDA
DIST: KALABURGI-585102. ... PETITIONER
(BY SRI.LIYAQAT FAREED USTAD, ADV)
AND:
THE STATE THROUGH
RAGHAVENDRA POLICE STATION
REPT. THROUGH PUBLIC PROSECUTOR
HIGH COURT BENCH KALABURGI
585102. ... RESPONDENT
(BY SRI.SHESHADRI JAISHANKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE
ACCUSED PETITIONERS ON BAIL IN CRIME
NO.69/2012 OF RAGHAVENDRANAGAR POLICE
STATION FOR THE ALLEGED OFFENCES UNDER
SECTIONS 143, 147, 148, 341, 114, 120 (B), 324, 307,
302 R/W SECTION 149 OF IPC AND SECTIONS 25 &
27 OF INDIAN ARMS ACT 1969 AND SECTION 66 (C)
OF I.T. ACT 2008.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.
2. The present petition is filed under Section 439 of Cr.P.C. by the petitioner/accused seeking regular bail in Crime No.69/2012 of Raghavendranagar Police Station Kalaburagi. The offences alleged against the petitioner are punishable under Sections 143, 147, 148, 341, 114, 120 (b), 324, 307, 302 r/w Section 149 of IPC and Sections 25 & 27 of Indian Arms Act 1969 and Section 66 (c) of I.T. Act 2008.
3. The substance case of the prosecution is that at Chincholi layout within the jurisdiction of Raghavendranagar police station Aland road Kalaburagi the accused standing near Naroni complex on 25.09.2012 along with CW.1, 13 and 14. The accused 3 No.1 to 3 attacked the complainant and others wherein the accused No.4 fired with revolver on chest, the accused No.1 and 7 held Arvind, accused No.8 hit the Aravind Naroni on chest and neck. When CW.13 went to rescue the accused No.2, 5, 9 and 10 commanded to hold them. Thus due to impact of injuries suffered by Arvind and died. The attempt was made to take away the life of CW.13. In this connection case was registered in Crime No.69/2012 on 25.09.2017 for the offence punishable under Sections 143, 147, 148, 341, 114, 120 (b), 324, 307, 302 r/w Section 149 of IPC and Sections 25 & 27 of Indian Arms Act 1969 and Section 66 (c) of I.T. Act 2008.
4. The learned counsel for the petitioner would submit that earlier the petitioner was on bail and due to his failure to maintain regular appearance the warrant was issued.
4
5. The learned HCGP opposes the bail application and submits that there are no grounds to grant bail to him, because they forced to split the case and filed a split charge sheet. The learned HCGP would submit that petitioner was absent before the court. Thus it is stated that the accused was irregular before the trial court. Thus warrant was issued and petitioner was remanded to the custody by committal judgment on 10.08.2017. The petitioner is accused No.11 in the said case. According to proceedings of trial court dated 10.08.2017 in S.C.No.223/2013 the petitioner was absconding. The learned HCGP would submit that the petitioner is not entitled for lenience as he does not have respect towards proceedings of the court.
6. The petitioners have undertaken to obey any conditions imposed on them.
5
7. However, under the facts and circumstances of the case, it is to be seen that the accused was arrested and he was in judicial custody. He was earlier released on bail, but remained absent because of which split charge sheet was filed. Considering the fact that earlier petitioner was released on bail, it does not seem to be ordered for his detention in the jail. Thus I find that the application deserves to be allowed. Accordingly, I proceed to pass the following....
ORDER The bail application filed by the petitioner is allowed.
The petitioner is ordered to be enlarged on bail for the offence punishable under Sections 143, 147, 148, 341, 114, 120 (b), 324, 307, 302 r/w Section 149 of IPC and Sections 25 & 27 of Indian Arms Act 1969 and Section 66 (c) of I.T. Act 2008, on the following conditions :-
6
a) Petitioner shall be released on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety, for the likesum to the satisfaction of the learned trial Court.
b) Petitioner shall not terrorize or tamper any of the prosecution witnesses.
c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.
d) Petitioner shall not involve in any criminal activities.
e) Petitioner shall attend the trial Court regularly on all dates of hearing and shall co-
operate with the learned trial Judge to hold the trial.
f) Petitioner shall not leave the State without permission from the trial Court.
Sd/-
JUDGE KJJ