(By srt;C9.H}ol¢;gk'hiiliidi, HCGP.)
lNl?fl3HHHlC0URT(H3KARNATAKACHRCUYFBENCH
ATDHARWAD
DATED mis THE'; 03"" DAY or FEBRUARY
BEFORE
THE HON'BLE MR. JUSTICE Aims; N*A'GlrXi2A'J:
CRL.P. N0.7013J_V2O1t)lA.f'v ' "
BETWEEN:
Nazeer Ahmed S/0. Mallingsab E
@ Mailikasab Makandar ' 1
Age: 37 years, Occ: Coolie] ' A
R/o. Navalgund, Dist: Dharw_ad.. '
, _, ~ ...Petitioner.
(By Sri.B.V.Son1a,pu;?;'i'Adsvoeate.)
AND:
The State ofi{arnata'f<a'T' .
By Navalgund Poli'ce,V]. A _
Rvepresenieldseby State 'Police
Pro"secut..o°r,a;-E, A. """
Cigrcuitt-Ben,eh., Dha_rwad.
it is " ' ...Respondent.
This~~Clrirninal Petition is filed U/S439 Cr.P.C. by the
4_"'Adt(oeat_e for the petitioner praying that this Hon'bEe Court
4'~._:l'rr1.a"yl'_ be ""g_«pleased to release the petitioner on bail in
'*.V.._l'~$aya"igund Police Station Crime No.282/2009 which is now
7c'o.{nm__itted to Sessions Court, Dharwad and pending on the
fi-lewof Sessions Court, Dharwad.
r*-(MVb--\'-V
2
This petition coming on for orders this day, the Court
made the following:
ORDER
The accused in Crime No.282/2’0..f}V8.l_:i~.t_of
Navalgund P.S., Dharwad District
pending on the file of the learned _J»M.l’~?4C,
filed the present petition U/Sec.4;l°3V97..’_l’o”ti
alleged to have committed the ‘effencehs and”
307 of 11°C. The investigatioin””‘ha.:s;lfieen completed and
charge sheet this accused for the said
offences.
Tl’she’vi.casello’f”‘thle prosecution against this accused
is that.,_t.on.V_2–8A/”1 2152.908 at about 10~00 p.m. aeeu-so-d.picked
quia-rrei__>w_itTh his wife Smt.Haseenabegum under the
0-~!”””””‘
it””::v”ilnfilg’uence liquor and} during the said quarrel, poured
(u.
l<l_lero's._er1e"on her person and lit fire, consequently she
sust'a'iined burn injuries and the mother of this petitioner-
r*~–'N"""""'
accused who was present there and also the neighbours of
the peritioner–accused together extinguished
the injured admitted in KMC Hospital, Hublium
3) There is statement of the’-,mc{tl1.e’rofthle ac:c’–u.s”*ed
to the effect that she actuallyi__v’witnes’seVd .t_hi’ii.gvivpjet-it.ioner–‘-if
accused pouring kerosene and if-i._r e to”th.e person of
his wife. While certificate
Sri.B.V.Son1apur_,__Kg?.1earneid’fl::c0lu’:i.is:e_lVVvl’fei’llillthe petitioner-
accused submits the said incident the
victim has sjiupgerficlilalllburns and therefore the
petitionewaccused is_enjti_ti1’ed”f¢i’ grant of bail.
_ 4) ,.4§gEv~en if”th.e case of the prosecutiozgas found in
.’ l ._ ” ll A. ….. .. W
thle_po:l’ic-_e pvapsersfis accepted at its face Value, as rightly
Z-‘V,_submit’t.ed7bS}’fell-ri_.BllV.So1napur, the learned counsel for the
_If1s~.p.e’t’istioner–acc~§1sed, this accused would not be liable to be
‘f_l_’i’11.fl’i«c’ted ‘with maximum sentence of imprisonment for life
it prescribed for the offence U/Sec.307 of IPC. The
1’«..sl’ia’*p.plrehension of the prosecution that the witnesses are none
c____g”‘Y'””~—-~./e
other than the wife and mother of the petitioner-ace-used,
and therefore if this petitioner-accused is granted_’i-byaiiils.he
Wouid definitely threaten them, may be
imposing suitable conditions. Hence::thei1foI«.lo«wi¥ng.:.:
ORDER
The present petition ‘filed by the
petitioner who is Vaccuse_dV’i’ .iyni.vi’__lC:rir’ri-eii”iN.o*;282/2008 of
Navalgund P.S., Drama (e.c.No.i87/2009),
pending on the Navalgund, is
hereby allowed..il;hic.pet’itiovriierga-ccused shall be enlarged on
bail on his fur’nisihingAself=bound for Rs.25,000/– along with
one suret.}yVt’or thle”v-.llil§_e__:sum, to the satisfaction of the
Co’rnmi’t’t-val subject to conditions that:
shall stay separately from his
iywife andlmother till the conclusion of the trial
A Cfandi”shall not Visit his house if the Victim wife
— stays in his house.
W
5
b) he shaii not threaten the prosecution
witnesses including his wife and mother and
his neighbours.
C) he shail attend the Trial Court
dates of hearing without fail, uniess’i«i.__jhEs~.:ii”
personai attendance is dispensedv/»it.h, t_’:or.vi\}é1*Ei.i'<c!
I'€21SOI"1S.
d) he shall mark
the SHO of Navalgund P.S.,___ofr1e_e’ieitn a .f’or.tnAig_ht
preferably on every ia~1.tze;’rnaitiv;;e.iiS”u.t1dey_bpbetween
i0–00 a.m. and t’Pieie.fon-delusion
ofthe triai. I A V’ ‘
A copydf sent forthwith to the
Committavl_Couirt-.ar’1d.Vaviso–._to’~’the PS1 of Navalgund P.S., for
iiiformation i..and=-g:o1npli’a’nCe.
Sci/-3
JUDGE’