Sri. Zulfikar Ahamed Khan vs State Of Karnataka on 13 December, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF DECEMBER 2017

BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION No.9238 OF 2017

BETWEEN:

Sri Zulfikar Ahamed Khan,
S/o.Fazaulla Khan,
Aged about 40 years,
R/at Opp. BCM Hostel,
Kerebilachi Village,
Channagiri Taluk,
Davanagere District – 577 002. … Petitioner

(By Smt.Haleema Ameen, Advocate
A/w.Sri Vishwajith Shetty S., Advocate)

AND:

State of Karnataka,
By Police Inspector,
Santhebennur Police Station,
Represented by State Public
Prosecutor, High Court Buildings,
Bengaluru – 560 001. …Respondent

(By Sri Chetan Desai, Advocate)

This criminal petition is filed under Section 438
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.159/2017 of Santhebennur Police Station,
Davanagere District for the offences punishable under
Sections 143, 147, 307, 498A, 506 r/w. Section 149 of
IPC and etc.
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This criminal petition, coming on for orders, this
day, the Court made the following:

ORDER

This is the petition filed by petitioner accused

under Section 439 Cr.P.C. seeking release on bail for

the alleged offences punishable under Sections 143,

147, 307, 498A, 506 r/w. Section 149 of IPC registered

in respondent Police Station in Crime No.159/2017.

Deposi

2. Heard the arguments of learned counsel

appearing for the petitioner so also learned High Court

Government Pleader for the respondent State.

3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials produced in

the case.

4. Looking to the complaint averments, no doubt,

there are allegations that the petitioner and the other

family members were suspecting about the fidelity of

the complainant and they were giving ill treatment, both

physically and mentally, but these allegations are

denied by the petitioner in the bail petition grounds.
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Even though it is stated that there was an assault made

to the complainant but during the course of hearing of

the petition it is submitted that the complainant

sustained simple injuries and she has taken treatment

as outpatient. Looking to these submissions made, it

goes to show that her life is out of danger and she is

safe as of now. The alleged offences are triable by the

Magistrate Court. Though the offence under Section

307 is non-bailable, but it is not exclusively punishable

with death or imprisonment for life. Therefore,

petitioner can be admitted to regular bail by imposing

reasonable conditions.

5. Accordingly, the petition is allowed. The

petitioner/accused is ordered to be released on bail for

the offences punishable under Sections 143, 147, 307,

498A, 506 r/w. Section 149 of IPC registered in

respondent Police Station in Crime No.159/2017,

subject to the following conditions:

(i) The petitioner has to execute a
personal bond for `50,000/- (Rupees
fifty thousand only) and has to furnish
one solvent surety for the likesum to
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the satisfaction of the concerned
Court.

(ii) He shall not tamper with any of the
prosecution witnesses, directly or
indirectly.

(iii) He has to appear before the
concerned Court regularly.

Sd/-
JUDGE

Cm/-

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