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2018 DIGILAW 355 (KAR)

Rabbani S/o Noorahmed Savanoor v. State of Karnataka

2018-03-12

JOHN MICHAEL CUNHA

body2018
ORDER : This petition is filed under Section 439 of Cr.P.C. for grant of regular bail in crime No.6/2018 registered by Old Hubballi police for the offences punishable under Sections 143, 147, 148, 307, 506 r/w Section 149 of IPC. 2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader. The learned Government Pleader has not filed any written statement of objections, but has orally opposed the petition. 3. The complaint was lodged by one Mohammad Rafiq Dastikoppa. In the complaint, it is alleged that about 8-9 months earlier, there was a quarrel between the son of the complainant and his friend by name Javeed and others and they were proclaiming to kill the son of the complainant. In this background, on 07.01.2018 at about 9.30 p.m., when the complainant and his son were standing in front of the house, the friend of his son Javeed and another person came there in a Pulsar vehicle bearing Reg.No.KA-25/EP- 5089. The pillion rider was holding a “talwar” in his hand. Both of them threatened to kill the son of the complainant and the pillion rider waived the talwar. The son of the complainant escaped from the clutches of the said Javeed and another. The said persons threatened to finish off the son of the complainant and hence, he was constrained to lodge the complaint. 4. The complaint was registered against 7-8 persons of Anand Nagar. The friend of the son of the complainant is shown as accused No.1. The names of the present petitioners do not found a place in the complaint. There are no specific allegations against the present petitioners. It is stated that accused No.1 namely, Javeed who is named in the FIR is already enlarged on bail by this Court in Crl.P.No.100250/2018 dated 05.02.2018. In the light of the above facts and circumstances, the custody of the petitioners is not necessary to be extended. Hence, the following: ORDER The petition filed by the petitioners is allowed. The petitioners are ordered to be enlarged on bail in crime No.6/2018 of Old Hubballi Police Station on furnishing a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the trial Court, subject to the following conditions. i. Petitioners shall appear before the trial Court as and when required. ii. i. Petitioners shall appear before the trial Court as and when required. ii. Petitioners shall not threaten or lure the prosecution witnesses and shall not tamper the evidence. iii. Petitioners shall not leave the jurisdiction of the trial Court without prior permission.