IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 221% DAY OF JUNE,--'4';I-Q{)'§:»"
BEFORE
THE HONBLE MR. JUSTIQE 7
CRIMINAL I>ET:T1<:$.N'--I\:0.é9
BETWEEN:
MOHD. MUSTAFA S/0.N;dI'HD';.% "
musup JANE _ é
AGE ; 25 YRS. --::_ » _
OCC : Amfo :).r§1ViaR,._
R /O.Mf3¥{ Migm NEAR MK MEDICA
ZANDE 'GALLE, Jfiifi-LUAINAIEAE}, GULBARGA
- ...PE'I'1'I'IONER
(By Sri. I-IEEMA L.K'. pa.-.' ALASHMI KANTH H.R - Adv.)
AND;_§! "
VROIJGH
L'As1;10§f)?F'IIC.E2«.P.C. PRAYING TO ALLOW THE BAIL PETITION FILED BY
" _ 'THE _FE'I'I'PIONER UNDER SECTION 439 OF' came. IN CRIME
- No.17/2009 OF ASHOK NAGAR POLICE STATION FOR THE
REASONS AND GROUNDS MENTIONED HEREIN ABOVE AND IN
'"'I"I-IE INTEREST OF' JUSTICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
BAY, THE COURT MADE THE FOLLOWING:-
[V/,..
bx)
ORDER
The petitioner, who is accused No.53;-4′
Ne. 17/09 of Ashekinagar poiiee ittfiied _
petition under section 439 0f:,ACr.:P4,€z3;. “praymgefor%%’§,mj1: 4
of bail.
2. It is stated~.__;in the petitioner; is
innocent of the ofieneestatiegeid him and he has
been falsely*…i1f1<1;31ieateri..' iz1é"'v't\i1eV_.___t;fase and he is a
_'{}1,11bax~ga and he is ready to
abidetbyt ail' 'that may be imposed by this
CC§i_{I'{. th.efefore., the petitioner has prayed for graxit
V' stated, the case of the prosecution is,
t}t::.e.t rm 2.2009 at about 8.80 a.I11.,the eompiainarfifs
.. h}1S.b'€:"1_1;1d deceased Mohammed Ali had gone to
t fl1&t.'fk€t and brought vegetables and thereaftenhe left the
house to attend his work in Bangalere coiony, but, he
M/, .
did not retmn till p.m. The complainafif
husband and enquired. He m1d__he1:;’t¥1e:-.::i§§bf1%V’_is @5261?
and he is coming soon. But; hddid “n.o*£; 9 ”
V ‘ VM V . ‘fYiCJT.t£€.
p.m. and there was 11(JV._ 1»fe;sV’po’f1’s::i*:_’ t.~::> L/tias
complainant. The ~.1;§l\’_’,1\.2?0′ clock in
the midnight and Thereafter, next
day momi1:1g,: Q13 11.30 am. but
her :i.’f;_’fiVc%:;’H1;1plai11a11t (enquired
with parents. She told her
paxxgmg has not I’€t1}I’I”i€3d and people
wgre person has been killed near MSK
1,§%éfi;– —– -«Her parents and brothers had seen
‘ photo». 0f”i:!je’=;:111}.rA1’S_eet_.:io(n of
also been included.
4. After irlvestigetioir been filed.
5. counsel’ the petitioner
contended the; innocent of the offences
allegeti _e:’1d”‘h.e has been falsely implicated
in the tend” to do with the alleged
uenvzi ther’et’ore’,J1.he petitioner can be ganted baii.
that the petitioner is an auto drgiver
to do with the ailegeé crime and
notiiixggvitneiiimmafing has been recovered from him and
the petitioner can be granted bail. She also
” etrofioitteé that no motive is attributed to the petitioner
” motive is attributed only to the accused No} and 2
and therefore, the petitioner can be gamed bail.
5. As against this, the Iearriedj:
Pieader submitted that in the efxiiiitieetigetion, if ‘
autorickshaw has been recovefcd “theL’.1SttaI;.ce~;_o§7
petitioner and he is it1volwsg{j~.._ the.
therefore, the petitioner ca:11’iof._:’g1janted’bai}.
6. I haeie j}coi1ei§f1eruedi’Vft1ie submissions of
the t1:i’e”§r}etitioner and also the
learned ‘ ‘
_ 7. The “poi:1tt_hé;t arise for my consideration is,
* __ the petitio;*’1er can be granted bail ?
to note, it is alleged in the
coiiipIe£iifit’ti1at some unknown persons have killed the
H deceased on account of the past enmity. In the course
iiiiiiwestigation, the accused No.}. to 3 have been
” Waiirested. The petitioner is accused No.3. From him, his
Autorickehaw has been recovered. Except this, xiothing
incriminating has been recovered at the iI1s*aa:_1ceo’:Vthe
petitioner. The petitioner is an
Motive has been atiributeci i
and no motive is attributedfio iietitiorie-1}. e.
in my considered view, in the case,
the petitioner can _
9. is allowed and the
petitioxier. oriiiie executing a bond for a
sum of prie surety for the iike sum to
the satiefeetitee Court. The petitioner shall
= _ a.3;:t_§é;r1<s1.iAV:1:l:::Ac=:)iirt'regu1ar1y and shall not tamper with the
ji *WiiCf1jf§SvS(§$.;'Vi' "
Sci/-
IUDGE