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WWW.LIVELAW.

IN

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23rd DAY OF OCTOBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.7001/2019

BETWEEN:

Noushad Ahmed
S/o Adam K.H.,
Aged about 42 years,
R/at No.41, Bab lane,
Dargha Mohalla,
Vijinapura,
Bangalore-560016. …Petitioner

(By Sri.Anees Ali Khan, Advocate)

AND:

State by
Cantonment Railway
Nagar Police Station,
Bangalore-560051.

Represented by
The State Public Prosecutor,
High Court of Karnataka,
High Court Building,
Bengaluru-560001. ... Respondent

(By Sri.Rohith B.J., HCGP)


WWW.LIVELAW.IN

This Criminal Petition is filed under Section 438 of


Cr.P.C., praying to enlarge the petitioner on bail in the
event of his arrest in Cr.No.60/2019 of Cantonment
Railway Nagar Police Station, Bengaluru for the offence
punishable under Section 306 of IPC.

This Criminal Petition coming on for Orders, this


day, the Court made the following:

ORDER

Heard the learned counsel for the petitioner and the

learned HCGP for the respondent-State. Perused the

records.

2. The petitioner is arraigned as accused No.3 in

Cr.No.60/2019 of Cantonment Railway Police Station,

Bengaluru for the offence punishable under Section 306 of

IPC.

3. Brief facts of the case are that the dead body of

the father of the complainant was found near

Byappanahalli railway bridge. On examination of the dead

body, the complainant and the police found a piece of

paper of a note book in which the deceased had stated


WWW.LIVELAW.IN

that the petitioner and the others were responsible for his

death. It is also stated in the complaint that some

persons by name Akbar, Sathish, Chitt Kumar, Adil, Vijay

Seva, Anjanappa were all due in a total sum of

Rs.14,00,000/- to the deceased. It is also stated that the

deceased was indebted huge money during his life time for

the purpose of doing the grill work in apartments. On the

above said allegations, the police have registered a case for

the offence punishable under Section 306 of IPC.

4. Even considering the said death note of the

deceased, the reason for implicating the accused persons

by the police is not stated. Mere allegations in the death

note that the petitioner and others are responsible for his

death, would not be sufficient to come to the conclusion

that the petitioner has committed the said offence, unless

the overt acts and conduct of accused are stated, in order

to prove the case of the prosecution and that is sufficient

to drive the person to commit suicide. The allegation is too


WWW.LIVELAW.IN

vague at this stage. Further, accused Nos.1 and 2 have

already approached this Court for grant of anticipatory

bail in Crl.P.No.5159/2019 dated 27.06.2019 and they

have been enlarged on bail on conditions. Therefore, on

the ground of parity this petitioner is entitled to be

enlarged on bail. Hence, the following:

ORDER

The petition is allowed. Consequently, the petitioner

shall be released on bail in the event of his arrest in

connection with Crime No.60/2019 of Cantonment Police

Station, Bengaluru subject to the following conditions:-

i) The petitioner (A3) shall surrender himself before


the Investigating Officer within Ten days from the
date of receipt of a certified copy of this order and
shall execute personal bond for a sum of
Rs.50,000/-(Rupees Fifty Thousand only) with
one surety for the like-sum to the satisfaction of
the concerned Investigating Officer.
WWW.LIVELAW.IN

ii) The petitioner shall not indulge in hampering the


investigation or tampering the prosecution
witnesses.

iii) The petitioner shall co-operate with the


Investigating Officer to complete the investigation,
and he shall appear before the Investigating
Officer as and when called for.

iv) The petitioner shall not leave the jurisdiction of


the Investigating Officer without prior permission,
till the charge sheet is filed or for a period of
three months whichever is earlier.

v) The petitioner shall mark his attendance once in


a week i.e., on every Sunday between 10.00 am
and 5.00 pm., before the Investigating Officer for
a period of two months or till the charge sheet is
filed, whichever is earlier.

Sd/-
JUDGE

JS/-

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