Karnataka High Court
Mohammed Nizam vs The State Of Karnataka on 18 December, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No. 7358 OF 2020
BETWEEN
Mohammed Nizam
S/o. Abdul Latheef,
Aged about 29 years,
R/at Darul Hiba House,
Opp: Cresent English Medium School,
J.M.Road, Bunder, Mangaluru.
Presently R/o. Flat No.302,
Vishwas Sahara Heights,
Near Main Post Office,
Pandeshwara,
Mangaluru-575001.
...Petitioner
(By Sri. B.Lethif, Advocate)
AND
The State of Karnataka
The S.H.O. of Mangaluru
North Police Station,
D.K.District
Represented by State Public Prosecutor,
High Court Building,
Bengaluru-560001.
...Respondent
(By Sri. Mahesh Shetty, HCGP)
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This Criminal Petition is filed under Section 439
Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.133/2019 of North Police Station, D.K., District, for
the offence punishable under Sections 117, 143, 145, 147,
148, 152, 153, 188, 201, 353, 332, 427, 395, 436, 511,
307, 120B read with 149 of IPC and Section 2(A)(B) of
KPDLP Act.
This Criminal Petition coming on for orders this day,
the court made the following:
ORDER
In this petition under section 439 Cr.P.C, the petitioner is accused No.23. FIR was registered in Crime No. 133/2019 registered by the respondent police for the offences punishable under sections 143, 147, 148, 188, 353, 332, 324, 427, 307, 120B read with section 149 IPC and sections 2(A) and (B) of Karnataka Prevention of Destruction and Loss of Property Act, 1981.
2. The petitioner was arrested in connection with an altercation that took place in Mangaluru, on 19.12.2019, during the protest march against amendment brought to the Citizenship Act.
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3. It is not in dispute that 17 accused have been released on bail. The order passed by this court on 17.2.2020 in Criminal Petition Nos. 776/2020 and connected matters is produced. The petitioner is entitled to be released on bail on the ground of parity. Hence, I pass the following order : -
(a) Petition is allowed.
(b) Petitioner shall be released on bail on obtaining
from him a bond for Rs.1,00,000/- and two sureties for the likesum to the satisfaction of the trial court. He is also subjected to the following conditions : -
(i) He shall regularly appear before the trial court till conclusion of trial.
(ii) He shall not tamper with the evidence and threaten the witnesses.
(iii) He shall not get involved in similar offences.4
(iv) He shall not leave the territorial limits of the trial court without prior permission of the trial court.
SD/-
JUDGE ckl