Karnataka High Court
Ishaq Khan vs State By Karnataka By on 17 February, 2025
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NC: 2025:KHC:7041
CRL.P No. 12052 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 12052 OF 2024
BETWEEN:
ISHAQ KHAN,
S/O YAKUB KHAN,
AGED ABOUT 24 YEARS,
R/AT NO. 314, 5TH CROSS,
NEAR GULSHANI BHAGDADI,
MASJID, GOVINDAPURA,
BANGALORE - 560 045.
...PETITIONER
(BY SRI. ABDUL RASHEED, ADVOCATE)
Digitally signed
by SWAPNA V AND:
Location: high
court of STATE BY KARNATAKA
karnataka
BY GOVINDAPURA POLICE
STATION, BANGALORE - 560 045.
REP. BY SPP, HIGH COURT
BUILDING, BENGALURU - 01.
...RESPONDENT
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.21/2021 IN S.C.NO.853/2024 FOR THE OFFENCE P/U/S 120-B,
143, 147, 148, 341, 302, 149 OF IPC REGISTERED BY THE
RESPONDENT POLICE PENDING FOR DISPOSAL BEFORE THE HONBLE
CITY CIVIL AND SESSIONS JUDGE (CCH-20) MAYO HALL UNIT,
BENGALURU.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
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CRL.P No. 12052 of 2024
ORAL ORDER
The petitioner being accused No.5 is before this Court
seeking grant of bail under Section 439 of Cr.P.C. in Crime
No.21/2021 of Govindapura Police Station, pending in
SC.No.853/2024 on the file of the learned XXVI Additional City
Civil and Sessions Judge (CCH-20) Bengaluru, registered for
the offences punishable under Section 302 of Indian Penal Code
(for short 'IPC') and Sections 3 and 5 of Arms Act, 1959, on the
basis of the first information lodged by the informant
Smt.Sabeeha Alena.
2. Heard Sri. Abdul Rasheed, learned counsel for the
petitioner and Smt.K.P.Yashodha, learned High Court
Government Pleader for the respondent -State. Perused the
materials on record.
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would arise
for my consideration is:
"Whether the petitioner is entitled
for grant of bail under Section 439 of
Cr.P.C.?"
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My answer to the above point is in 'Affirmative' for the
following:
REASONS
4. The petitioner being accused No.5 is seeking grant
of bail. He was apprehended on 07.04.2024 and since then he
is in judicial custody.
5. Material on record discloses that serious allegations
are made against the present petitioner for having committed
the offences. During investigation, the petitioner was
absconding and split-up charge sheet came to be filed. It is the
contention of the prosecution that the petitioner along with
accused Nos.1 to 4, 6 and 7 conspired together to eliminate the
deceased. Accordingly, accused Nos.1 to 6 have kidnapped him
and caused his death. It is stated that as many as 22 injuries
were found on the dead body. However there were no
eyewitness to the incident. The prosecution placed reliance on
the circumstantial evidence.
6. It is brought to the notice of this court that trial
against accused No.1 to 4, 7 and 8 concluded in
S.C.No.408/2022 and the accused came to be acquitted since
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the witnesses have turned hostile. The copy of the judgment
dated 04.09.2024 is produced for perusal of the Court.
7. Even though it is stated that the petitioner is having
criminal antecedents, the trial in the said case is in progress
and the petitioner is on bail. Considering all these facts and
circumstances of the case, I am of the opinion that no useful
purpose would be served by detaining the petitioner in custody.
Hence, I am of the opinion that the petitioner is entitled to be
enlarged on bail subject to conditions, which will take care of
the apprehension of the prosecution.
8. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime
No.21/2021 of Govindapura Police Station, on obtaining the
bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with
two sureties for the likesum to the satisfaction of the
jurisdictional Court, subject to the following conditions:
a). The petitioner shall not commit similar
offences.
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b). The petitioner shall not threaten or tamper
with the prosecution witnesses.
c). The petitioner shall appear before the Court
as and when required.
If in case, the petitioner violates any of the conditions as
stated above, the prosecution will be at liberty to move the
Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial
Court is at liberty to direct the Investigating Officer to verify
the correctness of the address and authenticity of the
documents furnished by the petitioner and the sureties and a
report may be called for in that regard, which is to be
submitted by the Investigating Officer within 5 days. The Trial
Court on satisfaction, may proceed to accept the sureties for
the purpose of releasing the petitioner on bail.
Sd/-
(M G UMA)
JUDGE
MKM
