1
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.
2
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.
3
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
4the 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/-