CourtKutchehry.com
High CourtsSingle Bench

Amanulla Sheik @ Aman vs State of Karnataka

Karnataka High Court · Decided on 3 November 2014 · Citation: (2014) 11 KAR CK 0208

HON’BLE JUDGES
A.V. Chandrashekara, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 114, 115, 143, 147, 149 · Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(2)(5)
CASE NUMBER
Criminal Petition No. 6523 of 2014
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 408 words

A.V. Chandrashekara, J.—Petitioners are accused 3 and 4 in a case bearing Crime No. 344/2014 on the file of Mahadevapura Police Station. They have been in judicial custody from 2.6.2014. The offences alleged against them are punishable under Sections 302, 143, 147, 114, 115 read with Section 149 IPC and under Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act.

2.

The learned Government Pleader has vehemently opposed to the bail application on the ground that these petitioners were involved in the murder of one Shantharaj and that they assisted accused No. 1 in stabbing the deceased with a deadly weapon on vital parts of the body. He has submitted that if the petitioners are let on bail, they are likely to get abscond from the jurisdiction of the Court and get involved in criminal activities.

3.

Perused the records and heard the learned counsel for the petitioners. Accused No. 2 - Umraz Khan has already been released on bail by this Court in Crl.P. No. 4962/2014 by its order dated 14.10.2014. As could be seen from the records, there was a galata when deceased and few others were travelling in an autorickshaw at about 5.00 p.m. on 1.6.2014. Accused No. 1 stabbed deceased Shantharaju with a knife, which is a deadly weapon. Main overt act is attributed against accused No. 1 - Nawaz Pasha @ Aman, who was quarreling with deceased. The entire investigation is already over and charge sheet has been filed. In the light of the fact that similarly placed accused No. 2 -Umraz Khan being granted bail, parity is to be applicable to the present case. Hence, the petitioners are ordered to be released on bail.

4.

In this view of the matter, petition is allowed and bail is granted to the petitioners, subject to the following conditions:

"(i) Petitioners shall be released on bail on their executing a personal bond for a sum of Rs. 1,00,000/- each with a surety, for the likesum to the satisfaction of the learned Sessions Judge.

(ii) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) Petitioners shall not holdout threats to the prosecution witnesses and try to lure them in any manner.

(iv) Petitioners shall not involve themselves in any criminal activities.

(v) Petitioners shall attend the Sessions Court regularly on all dates of hearing without fail except under unavoidable circumstances and shall co-operate with the learned Sessions Judge to hold the trial."