Mohammed Fisal @ Fisal S/o Jjamad Mohiddin v. State of Karnataka Electronic City Police, Bangalore
2015-11-26
A.V.CHANDRASHEKARA
body2015
DigiLaw.ai
ORDER : Heard the learned counsel for the petitioner and learned Government Pleader and learned counsel for the complainant. Perused the records. 2. This petition is filed under Section 439 of Cr.P.C. seeking regular bail in respect of a case registered against the petitioner in Cr.No.135/2015 by Electronic City Police Station. After concluding investigation, charge sheet has been filed against 7 accused persons for the offences punishable under Sections 143, 147, 148, 302, 120B read with 149 of IPC. The petitioner/accused No.6 is in judicial custody since 8 months. 3. Learned Government Pleader has vehemently opposed the bail application on the ground that this petitioner/accused No.6 was responsible for getting accused No.7 to take the help of accused No.2 to 5 to eliminate the deceased, who was none-other than the cobrother of accused No.1. 4. Accused No.1 wanted to deny the share of the deceased, which he would claim in the site belonging to his mother-in-law. This petitioner contacted the accused No.7 to get some help from the supari killers to eliminate the deceased. Accused No.7 got the help of accused Nos.2 to 5 in this regard. The prosecution papers disclose that the murder of deceased took place at 8.00 p.m. on 17.2.2015 and CW-2, 7, 8 and 22 are stated to be independent eye-witnesses who witnessed the murder of the deceased. 5. The learned Government Pleader with the support of Sri.Shankarappa, learned counsel for the complainant has argued that this is not a fit case to exercise discretion under Section 439 of Cr.P.C. at this stage. If the petitioner is let on bail, he would involve himself in similar cases. He would threaten the witnesses and thereby the witnesses would not come forward to give their version at the time of trial. He has argued that a sum of Rs.23,000/- and a passport whith photo of the deceased were recovered at the instance of this petitioner. It is further submitted that accused No.7 who procured the help of accused Nos.2 to 5 to eliminate the deceased is not released on bail by this Court in Crl.P.3732/2015. 6. The main allegation is against accused No.1 who decided to eliminate the deceased. It is in this regard, the petitioner contacted accused Nos.7 who in turn took the help of accused Nos.2 to 5 to murder the deceased.
6. The main allegation is against accused No.1 who decided to eliminate the deceased. It is in this regard, the petitioner contacted accused Nos.7 who in turn took the help of accused Nos.2 to 5 to murder the deceased. Whether the fact that this petitioner was involved in getting the help of accused No.7, 2 and 5 is forthcoming in the information given by accused No.1 while he was in police custody and whether such disclosure would be admissible in evidence will have to be established at the time of trial. 7. As rightly pointed out by the learned counsel for the petitioner, parity cannot be applied in the negative to reject the bail application and parity can be applied in releasing the similarly placed accused. There is lot of force in the said submission. 8. The petitioner is a vegetable vendor in Bangalore having roots in the community. He has undertaken to obey any conditions imposed on him. Thus, the apprehension of the learned Government Pleader could be suitably met with by imposing certain conditions 9. In this view of the matter, petition is allowed and bail is granted to the petitioner, subject to the following conditions:- (a) Petitioner shall be released on bail on executing a personal bond in a sum of Rs.2,00,000/- with one surety, for the likesum to the satisfaction of the concerned Sessions Judge/JMFC. (b) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses. (c) Petitioner shall not hold out threats to the prosecution witnesses or lure them in anymanner. (d) Petitioner shall not involve in any criminal activities. (e) Petitioner shall attend the Sessions Court regularly on all dates of hearing and shall co-operate with the learned Sessions Judge to hold the trial. (f) Petitioner shall mark attendance at the Jurisdictional Police Station on Wednesday and Sunday of every week from the date of his release without fail till the case is disposed of. (g) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.