KABC010158782022
IN THE COURT OF LXV ADDL CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-66)
PRESENT
SHRI. HEMANTH KUMAR. C.R ,
B.A.L., L.L.B.,
LXV Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 28 th day of June, 2022
Crl.Misc.No.5908/2022
PETITIONER/S:-
MUBARAK,
S/o Fayeem Khan,
Aged about 36 years,
R/at No.347, Ubba Masjid Road,
3rd Cross, Ashwathnagar,
Thanisandra Main Road,
Bengaluru-560077.
[Accused No.1]
(By Sri. ANP., Advocate)
V/s.

RESPONDENT:-
STATE OF KARNATAKA,
By Shivajinagar Police Station,
Bengaluru.
(Rep. by Public Prosecutor)
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Crl.Misc.No.5908/2022
ORDER ON PETITION FILED UNDER
SECTION 439 OF CR.P.C
This petition is filed under Section 439 of Cr.P.C., praying to
enlarge the petitioner/accused No.1 on bail in Crime No.184/2012
(SC.No.305/2013) registered by Shivajinagar police for the offences
punishable under Sections 302, 201 r/w Section 34 of IPC.
2.

Facts of the case.-
The complainant Sri. N.S. Siddappa has lodged the complaint
alleging that on 12.10.2012 at about 11.30 the accused No.1 to 3 in
order to kill and rob money from Mohammed Arafath Shariff on a old
grudge, took him in front of Rado Industrial Works Factory Shed at
Hajarath Kambal Dargha compound, Shivajinagar, Bengaluru and took
quarrel with said Arafath Shariff and in order to kill him the accused
No.3 assaulted Arafath Shariff with hands on his forehead.

The
accused No.1 stabbed Arafath Shariff with knife and killed him. The
accused No.2 took the deceased from the said spot and after taking
the money from him, in order to destroy the evidence, they took the
dead body of Arafath Shariff in the accused No.2’s Bajaj Pulsar
bearing No.KA-03/ES-1026 and thrown the dead body on the railway
track in the middle of Channasandra and K.R. Puram Railway station
and train passed on the deceased. Alleging the same the complainant
has lodged the complaint. On receipt of the complaint, Shivajinagar
police have registered the case in Crime No.184/2012 against the
accused persons for the offences punishable under Sections 302, 201
r/w Section 34 of IPC.
3.

The petitioner has been arrayed as accused No.1 and he
has been arrested and from the date of arrest he was in judicial
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Crl.Misc.No.5908/2022
custody and subsequently he was released on bail in Crl.Pet.
No.6826/2013 before the Hon’ble High Court of Karnataka. The
accused having remained absent before this court and the NBW was
issued against the accused person. The police having executed the
NBW have arrested the accused person and the accused has been
remanded to Judicial Custody.

Being aggrieved by the same the
petitioner has filed the present petition seeking regular bail on the
following among other grounds. The petitioner submits that he is
innocent of the alleged offences and has got valid and tenable defense
and he has been falsely implicated in the above case. The petitioner
submits that there is no eye witnesses to the alleged incident, the
respondent police have already completed the investigation and
submitted the charge sheet and the case is committed this court for
trial and the custodial interrogation of the petitioner is not required.
The petitioner submits that the entire allegations made against him
are false, frivolous, concocted and fabricated one. The petitioner has
also contended that he is ready and willing to furnish the surety to the
satisfaction of this court. Hence, prays to allow the bail petition.
4.

After service of notice, the learned Public Prosecutor has
appeared and filed objection contending that the accused No.1 is an
habitual offender and rowdy sheeter and many cases are pending
against the accused persons in various police stations. Learned PP
has further contended that there is prima facie case against the
accused persons the police have filed the charge sheet. The learned
Public Prosecutor has further contended that if the bail petition is
allowed there is every chances of threatening the prosecution
Crl.Misc.No.5908/2022
4
witnesses, absconding and may hamper the trial. Hence, prays to
reject the bail petition.
5.

Heard the arguments. Now the points that arise for my
consideration.-
6.

1.

Whether the petitioner/accused No.1
has made out sufficient ground to allow
the petition filed under Section 439 of
Cr.P.C?

2.

What order?
My answer to the above points are.Point No.1:–
In the affirmative
Point No.2:–
As per final order
for the following
REASONS
7.

Point No.1:-
The counsel for petitioner has addressed
the arguments contending that the petitioner is innocent of the alleged
offences and he has been falsely implicated in the said case. The
petitioner counsel has contended that the accused No.1 was earlier
released on bail by the Hon’ble High Court of Karnataka by allowing
the Crl.Pet. No.6826/2013. The petitioner counsel has also further
contended that the petitioner is in judicial custody from the date of
arrest and also in the present case the investigation is completed and
the charge sheet has been filed as such the petitioner is not required
for further investigation and he is ready and willing to abide by the
conditions imposed by this court.
petition.

Hence, prays to allow the bail
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8.

Crl.Misc.No.5908/2022
The learned Public Prosecutor has addressed the
arguments contending that the petitioner/accused has committed the
grave offences which is an offences against the society and there is a
prima facie material against the accused person, as per the charge
sheet averments there is a prima facie material available against the
accused persons for having involved in the commission of the offences
and the investigation has been completed and the charge sheet has
been filed against the accused persons as such it shows that the
accused persons are involved in the alleged offences. The learned
Public Prosecutor has also further contended that if the petitioner is
released on bail there is every chances of threatening the prosecution
witnesses, absconding and may hamper the trial. Hence, prays to
reject the bail petition.
9.

On perusal of the records it is noticed that the complainant
has lodged the complaint against the accused persons and the police
on receipt of the complaint have registered the case in Crime
No.184/2012 for the offences punishable under Sections 201, 302 r/w
sec. 34 of IPC. The police after investigating have filed the charge
sheet against the accused person for the alleged offences punishable
under Sections 201, 302 r/w sec. 34 of IPC and the said case has
been committed to this court for trial in SC No.305/2013. The accused
was enlarged on bail earlier by order of the Hon’ble High Court of
Karnataka in Crl.Pet. No.6826/2013. The accused No.1 was regularly
appearing before this court and trial has already commenced in the
present case and the accused having remained absent and NBW was
issued against him on the execution of the said NBW the accused was
remanded to judicial custody. The accused has filed the present bail
Crl.Misc.No.5908/2022
6
application contending that he was not keeping well and could not
contact the Advocate and to know the proceedings as such the NBW
was issued against him. On perusal of the records it is noticed that the
accused was enlarged on bail by this court and the trail has
commenced and the witness summons was issued to the witness and
also the accused No.1 has undertaken that he will not abscond and
hamper the trial and regularly appear before the court. As the accused
No.1 was earlier enlarged on bail and as of know by imposing the
stringent conditions the accused No.1 can be enlarged on bail. The
objection of the prosecution is that if the accused is released on bail he
may abscond and hamper the trial as such the said apprehension of
the prosecution can be satisfied by imposing stringent conditions.
Admittedly, the petitioner is resident of the address shown in the cause
title. If at all during the course of trial, the prosecution is able to prove
the guilt of the petitioner, he can be dealt with in accordance with law.
Considering all these facts, I am of the opinion that the petitioner can
be enlarged on bail by imposing certain conditions, which would meet
the apprehension of prosecution. Accordingly, I answer the point No.1
in the Affirmative.
10.

Point No.2:- In view of the findings given on point No.1,
I proceed to pass the following.ORDER
The petition filed by the petitioner/accused
No.1 under Section 439 Cr.P.C., is allowed.
The petitioner/accused No.1 is ordered to be
released
on
bail
(SC.No.305/2013)
in
Crime
registered
by
No.184/2012
Shivajinagar
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Crl.Misc.No.5908/2022
Police for the offences punishable under Sections
201, 302 r/w Section 34 of IPC, on execution of
personal bond for Rs.1,00,000/- with two sureties
for the likesum subject to the following
CONDITIONS.1.

The petitioner / accused No.1 shall appear
before the court on all the dates of hearing.

2.

The petitioner / accused No.1 shall not
involve in any criminal activities.

3.

The petitioner / accused No.1 shall not
tamper with the evidence and shall not
threaten, induce or allure the prosecution
witnesses in whatsoever manner.

4.

Violation of any of the aforementioned
conditions will lead to the cancellation of the
bail.

(Dictated to the Stenographer, transcribed by her, corrected and then pronounced by
me in the Open Court on this 28th day of June, 2022)
(HEMANTH KUMAR. C.R)
LXV Addl. City Civil & Sessions Judge,
Bengaluru.