Mohammed Ali @ Delhi vs The Station House Officer on 13 August, 2013

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Karnataka High Court

Mohammed Ali @ Delhi vs The Station House Officer on 13 August, 2013

Bench: H.N. Nagamohan Das

                         1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 13TH DAY OF AUGUST, 2013

                      BEFORE

 THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

        CRIMINAL PETITION No.5027 OF 2013

BETWEEN

MOHAMMED ALI @ DELHI
S/O LATE SABULAL
AGED ABOUT 34 YEARS
NO.12/52, 2ND CROSS,
K.P.MOHALLA,
CHAMARAJANAGAR TOWN,
CHAMARAJANAGAR DISTRICT
PIN-571 313
                                         ...PETITIONER

(BY SRI.R.K.MAHADEVA, ADV.,)

AND

THE STATION HOUSE OFFICER,
MANDI POLICE STATION,
MYSORE TALUK AND DISTRICT
PIN-570 021
                                        ...RESPONDENT

(BY SRI.G.M.SREENIVASA REDDY, HCGP.,)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED
TO    ENLARGE      THE   PETITIONER    ON    BAIL IN
C.C.NO.2124/2010 (ARISING OUT OF CR.NO.56/2008) OF
MANDI P.S., MYSORE CITY, FOR THE OFFENCE P/U/S
143, 144, 147, 148 AND 302 R/W SEC.149 OF IPC.
                              2


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

                         ORDER

Petitioner is accused No.2 in Crime No.56/2008 for the offences punishable under Sections 143, 144, 147, 148, 307 r/w Section 149 IPC.

2. After investigation a split up charge sheet came to be filed against accused Nos.1, 3, 5 and 6 for the offences punishable under Sections 143, 144, 147, 148, 302 and 149 IPC. The Sessions Judge in SC Nos.192/2008 and 207/2010 vide judgment dated 24th November 2012 acquitted accused Nos.1, 3, 5 and 6. Now a split charge sheet is filed against the petitioner and accused No.4 in CC No.2124/2010. Now the respondent-police have apprehended the petitioner and he is in judicial custody.

3. In the split charge sheet the Sessions Judge acquitted accused Nos.1, 3, 5 and 6 in SC No.192/2008 and 207/2010. The prosecution is relying on the same set of evidence in the split charge sheet filed against the 3 petitioner. The petitioner is entitled to the benefit of judgment of acquittal.

4. In the circumstances, I am of the considered opinion that the petitioner is to be enlarged on bail.

5. For the reasons stated above, the following:

ORDER The petition is hereby allowed. The petitioner is enlarged on bail on the following conditions:-

i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety for the likesum to the satisfaction of the Trial Court.

ii) On all hearing dates, the petitioner shall appear before the trial Court.

iii) The petitioner shall not in any manner tamper with the prosecution witnesses.

Violation of any one of the conditions above will result in cancellation of bail order. Ordered accordingly.

Sd/-

JUDGE GH

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