IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 318? DAY OF AUGUST zoio BEFORE THE HONBLE MRJUSTICE N. A:~iA.I\ii'}fA' '-if: . CRIMINAL PETITION i'§o.423§;gg;_Q' " i _ .' BETVVEEN: Zakir Hussain S/o M.C.Usman Aged about 25 Years V R/at1\Eo.37, 3"' Cross ' T . , Minaj nagar, J.P.Nagar Post ' Bangalore. ' t 2. .Petitioner [By SIi.B.N..Si--3ivat€n:ri.a.=33i§ivoc.ate_«--foi-.I3.N.§t1ivanna 5: Associates? ' -- AND: H State Kuma1*»asw.ai1:iy--~I;ayo~ut Police Station, Representedby Lear:aedP}'. Respondent
{By._¢§fi.P,Kam’n’a_1{ar. Hoop}
‘fhis.;5etition is filed under section 439 Cr.P.C praying
t’oT_en1arge..the’petitioner on bail in Crime No.341/2010 of
“I_{i1nia1*asVw.aIny”” Layout Police Station, Bangalore City
registered”f’o_r~iV’an offence punishable under section 307 r/W
34″of iec) »
. This petition coming on for orders this day, the Court
made the following:
(3 R D E R
The petitioner is arrayed as accused No.1
No.34}/2010, registered for an offence _
section 307 r/w 34 EPC. A’ it b
2. I have heard learned counsefafor
FICGP for State. & t t t t t
3. I have been taken throuVgh:x’theV records.
which would reveal: wasunerfonned
on 22.07.2010; after arranged a
dinner near on first informant
had “:iz{;:-i§j’~. Tiiheufirst informant went to the
house of ‘petitionerjatnd:”fou–nd that food was not ready;
therefore, return-edA’–?_dacIi. In the meanwhile, at about 9.45
were was”~a–«”scuffle between one Prabha and
first informant again reached the house of
Ifietitioner questioned as to why his associates had
assaulted; Cfhinnappa. At that time, petitioner became wild
it »~q&ueHstioned them and first informant returned back. The
gm ‘
petitioner and other accused are alieged to have assaulted
first informant. The petitioner is alleged to have assauited
first informant with a hockey stick and instiga-ted.’__’ot1:ei’._
accused to kill first informant as he had_e_o’n1e his
house to disturb the function.
4. On consideration of contents of*first_ in’fo1’11’1at.i.on–i1and –. L’
background of occurrence. 1 fin_d:Vaets~.attri}.:iuted to vbetitioner
do not prima facie a.i;’iractA ‘tan;oifencedpbunishable under
section 307 11°C.. ‘i’herefor.é_.f-detentionv_ ofpetitioner during
investigationand f.’1*’iai would Vbea measui-‘e of punishment.
5- iguaccepted. The petitioner is
released on«’.bail–, t iolloadng conditions:–
i. execute a bond for a sum of
I ¥’i{-Rtifiees Fifty Thousand only} and shall
‘=_offe’r For the like sum to the satisfaction of
‘”‘l’juriSdictaional Court…
11. petitioner shall not intimidate or tamper with
V rosecution wit.nesses.
III. The petitioner shall regularly attend the Court.
ga:g
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