Anees Pasha vs State of Karnataka Audugodi Police - 560 085

K.N. Keshavanarayana

In this petition filed u/s 439 of Cr.P.C. petitioner arraigned as accused No. 2 in Crime No. 270/2012 of Adugodi Police Station, Bangalore, registered for the offences punishable under Sections 143, 147, 148, 307 and 149 of IPC, has sought for an order to enlarge him on bail. According to the case of the prosecution, one Babu, S/o. Syed Vazeer, resident of Ayyappa Garden, Adugodi, Bangalore, lodged a report at 4.00 p.m. on 12.10.2012 about the incident of assault on one Rahim @ Kalu by 5 to 6 unknown persons with dangerous weapons at about 2.45 p.m. on 12.10.2012 in the turning of Pothalappa garden temple. On the basis of said complaint, case came to be registered against 5 to 6 unknown persons for the aforesaid offences. On the same day, this petitioner was apprehended by the respondent - police on suspicion. During the interrogation, this petitioner said to have confessed that in the background of murder of his brother Sadhiq @ Water Sadhiq, he had hired one Abraze, Nayaz and four others to commit murder of Rahim @ Kalu on the premise that the said Rahim was responsible for the murder of his brother water Sadhiq. On the basis of the statement of this petitioner, he was arraigned as accused No. 2 while the persons named by him were arraigned as accused Nos. 1 and 3 to 7. According to the prosecution, a mobile hand set belonging to this petitioner was seized. Thereafter, on production before the Jurisdiction Magistrate this petitioner was remanded to judicial custody. Application filed by this petitioner for grant of bail before the learned Sessions Judge came to be rejected. Therefore, the petitioner is before this Court.

The petition is opposed by the respondent State.

I have heard the learned counsel for the petitioner and learned High Court Government Pleader. Perused the records made available.

Perusal of the case file indicates that the victim Rahim @ Kalu, who was severely injured in the incident, was admitted to St. Jonh''s Hospital in an unconscious stage and he regained consciousness only on 26.10.2012. However, since his throat had been operated, he was not in a position to speak and only on 24.11.2012 his statement came to be recorded. The statement of the victim discloses the complicity of Abraze, Nayaz and four others. Presence of this petitioner at the scene of occurrence was not disclosed by the victim in his statement. The only attribution made against this petitioner is that this petitioner had a wrong impression that the victim was responsible for the murder of his brother Sadhiq @ Water Sadhiq and in that background, this petitioner was nursing ill-will and he had hired other accused persons to commit the murder of the victim and in furtherance of the same, victim was waylaid while he was proceeding on his two wheeler and was attacked with dangerous weapons. At this stage, the materials collected during investigation does not prima facie indicate the presence of the petitioner at the scene of occurrence nor the materials on record prima facie indicate that this petitioner had engaged the services of other accused to commit the murder of the victim Rahim @ Kalu. Therefore, at this stage, there are no reasonable ground to believe that the petitioner is guilty of the offence alleged. Hence, the petitioner is entitled to be enlarged on bail. Hence, the petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No. 270/2012 of Adugodi Police Station, on his executing a personal bond for Rs. 50,000/- with two surities for the likesum to the satisfaction of the learned Magistrate and subject to following conditions:-

i) Petitioner shall not tamper or terrorize the prosecution witnesses in any manner;

ii) Petitioner shall not indulge in any acts similar to one alleged against him;

iii) Petitioner, for the purpose of investigation, shall appear before the Investigating Officer whenever called upon to do so and cooperate in the investigation of the case;

iv) The petitioner shall mark his attendance in the respondent police station on every 10th and 25th of each calendar month between till filing of the charge sheet.

v) The petitioner shall not leave the jurisdiction of the Court of Sessions without express permission of the Court concerned;