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2019 DIGILAW 1080 (KAR)

Syed Raheem, S/o Syed Dasthgir v. State of Karnataka by J. J. Nagar Police, Bengaluru

2019-06-03

S.SUNIL DUTT YADAV

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ORDER : The petitioner has sought to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.146/2018 with respect to the offence punishable under Section 302 of IPC. 2. The case that is made out to the prosecution is that Shabeena Taj had lodged complaint before the respondent police alleging that her husband and her mother-in-law and sister-in-law have been harassing the complainant about two months prior to the alleged incident. It is stated that on 22.05.2018 at about 5.00 p.m. the complainant had gone back to her parents house after an altercation with her husband. Thereafter, after half an hour, the accused is said to have come to the complainant’s parents house and picked up a quarrel with her and her parents and at that instant the mother of the complainant is said to have intervened and tried to pacify. It is stated that during the said quarrel, the petitioner abused them and stabbed the complainant’s mother with a knife, who succumbed to the injuries and died. On the basis of the complaint, a case was registered and the accused was arrested. He is in custody since 22.05.2018. 3. The petitioner states that even if the case of the prosecution is to be accepted, it is not a case of commission of offence with pre-meditation. 4. It is further stated that the petitioner himself had suffered injuries in the altercation and the statement of the witnesses also made out a case that there was an altercation and the petitioner had suffered injuries. It is a further case of the petitioner that the photographs produced at page No.33 indicate the injuries on the accused and such of the photographs are part of the charge sheet referred and nothing is forthcoming in the charge sheet with respect to the injuries on the accused. The question as to whether the accused had committed a crime and also the context of the altercation including injuries are the maters to be explained and to be proved in trial. 5. Taking note of the fact that the investigation is complete and there are certain doubts as regards the story of the prosecution and in light of the injuries found on the accused, noting that there was no preplanned attack the case of the petitioner is to be considered. 6. 5. Taking note of the fact that the investigation is complete and there are certain doubts as regards the story of the prosecution and in light of the injuries found on the accused, noting that there was no preplanned attack the case of the petitioner is to be considered. 6. The learned counsel for the petitioner also states that in the context in which the altercation took place, the reaction of the petitioner was in the nature of the reaction to grave and sudden provocation. 7. Taking note of the above fact, the petitioner is entitled for bail. It is to be noted that the learned Sessions Judge has dismissed the application of the petitioner stating that prima-facie materials are made out against the petitioner with respect to commission of offence. However in light of observations made above petitioner is entitle to be enlarged on bail. Accordingly, bail petition filed by the petitioner under Section 439 of Cr.P.C is allowed, subject to the following conditions: (i) The petitioner shall execute a personal bond of a sum of Rs.1,00,000/- (Rupees One Lakh only) with surety for the like-sum to the satisfaction of the concerned Court. (ii) The petitioner shall fully cooperate with the expeditious trial. (iii) The petitioner shall not tamper with the prosecution evidence or influence in any way any witness. (iv) The petitioner shall not visit his in law’s house till the conclusion of the trial. (v) Any violation of the aforementioned conditions by the petitioner shall result in automatic cancellation of bail.