IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated the 14th day of August 2012 :BEFORE:
HON'BLE MR.JUSTICE V.JAGANNATHAN CRL.P.No.4307 / 2012
1. MRS SHAMA SULTANA
AGED ABOUT 38 YEARS
W/O MR SHOUKATH ALI KHURESHI
2. MR SHOUKATH ALI KHURESHI AGED ABOUT 50 YEARS
S/O LATE MR S A RAHIM
BOTH 1 & 2 R/A NO.107
CHANDNI CHOWK ROAD
3. MR MOHAMMED ALI
AGED ABOUT 34 YEARS
S/O LATE MR FAZLUR RAHMAN
R/AT 7TH MAIN, 10TH CROSS
NEAR GANESHA TEMPLE
K P AGRAHARA, MAGADI ROAD
(By Sri MEHTER M AZZAM, ADV.) AND:
THE STATE OF KARNATAKA
SHIVAJINAGAR POLICE STATION BANGALORE, REP BY THE
SPECIAL PUBLIC PROSECUTOR
(By Sri B RAJASUBRAMANYA BHAT, HCGP.) 2
CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.118/2012 OF SHIVAJINAGAR P.S., BANGALORE CITY, FOR THE OFFENCE P/U/S 364, 368, 323, 355, 504, 506 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING : ORDER
The petitioners, said to be A-1 to A-3, in Cr.No.118/12 seek bail following the case registered against them and others in respect of the offences punishable under Sections 323, 355, 364, 368, 506 r/w 34 of IPC.
2. Gist of the complaint lodged by one Shaik Nissar Ahmed is that, the complainant was running an Ashram and he was curing the diseases of the persons who used to come to him and the wife of the 3rd petitioner herein, who was suffering from T.B, went to seek the help from the complainant. The 3rd petitioner is said to have suspected the relationship between the 3
complainant and the 3rd petitioner's wife and keeping this in the background, on 2.7.2012 when the complainant was in the Ashram, the accused persons came there and took him to Shivajinagar and tonsured his head and abused and was sent back. The complaint lodged by the aforesaid Shaik Nissar Ahmed has led go the case being registered as aforesaid.
3. In view of the petitioners counsel submitting that, excepting sections 364 and 368 of IPC, rest of the offences are bailable and even in respect of these two sections also, the complaint allegations do not make out a prima facie case, the intention on the part of the accused either to kidnap the complainant for murder or to confine him, the petitioners therefore be released on bail.
4. Having regard to the above submission put forward and also after hearing the learned Government Pleader in this regard, in my view, the petitioners can be released on bail on conditions to safeguard the 4
prosecution interest. Hence, the following order is passed.
1. The petitioners shall be released on bail on each of them furnishing personal bond for Rs.50,000/- with two local sureties for the likesum to the satisfaction of the trial court.
2. They shall not tamper with the evidence and shall not give threat to the witnesses in any manner.
3. They shall not hamper the investigation.
4. They shall mark their attendance before the concerned police station on every Sunday between 10.00 a.m. and 5.00 p.m. till the filing of the charge sheet.
5. They shall not involve in like offence in future. Sd/-