Criminal Petition No. 8816 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:11051 CRL.P No. 8816 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8816 OF 2024 BETWEEN: MR ZABIULLA @ ZABI @ JUNAID S/O MR SIQBATULLA AGED ABOUT 24 YEARS R/O SHARAVATHI NAGAR CHANNEL AREA LEFT SIDE SHIVAMOGGA TALUK AND DISTRICT 577201 (BY SRI. USMAN P, ADVOCATE) AND:
Legal Reasoning
THE STATE OF KARNATAKA BY JAYANAGARA P S SHIVAMOGGA REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560001 (BY SMT ANITHA GIRISH, HCGP) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.105/2023 PENDING ON THE FILE OF THE LEARNED I ADDL.DISTRICT AND SESSIONS JUDGE C/C III ADDL. DISTRICT AND SESSIONS JUDGE SHIVAMOGGA ARISING OUT JAYANAGARA P.S. OF CR.NO.91/2022 REGISTERED BY SHIVAMOGGA FOR THE OFFENCE P/U/S 201,397,302 R/W 34 OF IPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:11051 CRL.P No. 8816 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.105/2023 pending before the Court of III Additional Sessions Judge, Shivamogga, arising out of Crime No.91/2022 registered by Jayanagara Police Station, Shivamogga for the offence punishable under Sections 201, 397 and 302 of Indian Penal Code (for short 'IPC') is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. 3. FIR in Crime No.91/2022 was registered by Jayanagara Police Station, Shivamogga for the aforesaid offences against unknown persons on the basis of first information dated 25.10.2022 received from M.R.Venkatachala, father of deceased Vijay M.V. During the course of investigation, the petitioner herein was arrested on 25.10.2022. After completion of investigation, charge sheet has been filed against four persons and petitioner is arrayed as accused No.1 in the charge sheet. - 3 - NC: 2025:KHC:11051 CRL.P No. 8816 of 2024 4. The bail application filed by the petitioner before the Trial Court in S.C.No.105/2023 was rejected on 18.04.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the case of the prosecution is based on the circumstantial evidence. Accused Nos.2 to 4 have been granted bail. The petitioner is in custody since 25.10.2022. Trial in the case is yet to commence. There is no recovery from the petitioner or at the instance of the petitioner in the present case. Hence, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has strongly opposed the bail petition. She submits that the petitioner is a person with criminal antecedents, in the event petitioner is enlarged on bail, he is likely to flee away from justice. Accordingly, she prays to dismiss this petition. 7. FIR in the present case was registered against unknown persons after the dead body of the deceased Vijay M.V., was found. During the course of investigation, the petitioner was arrested on 25.10.2022. After completion of investigation, charge sheet has been filed against 4 persons. - 4 - NC: 2025:KHC:11051 CRL.P No. 8816 of 2024 The case of the prosecution is based on circumstantial evidence. As per the charge sheet allegations, the deceased Vijay M.V., was working in a hospital as Manager and he was in the habit of consuming alcohol. On the intervening night of 24.10.2022 and 25.10.2022 since Vijay M.V., received a phone call from the Hospital, he had left his house at about 02:30 a.m. The accused persons who had consumed alcohol saw the deceased Vijay M.V purchasing liquor from the shop of C.W.29. Thereafter, accused persons followed the deceased with an intention to rob him. Accused Nos.1 and 2 intercepted the motorcycle of the deceased and having found that the deceased was wearing a gold chain, accused No.1 allegedly tried to snatch the same. When the deceased resisted the said act, accused No.1 took out a knife and stabbed on his stomach and thereafter accused persons snatched the gold chain from Vijay M.V., and escaped from the spot. The petitioner is in custody in the present case for last more than 2 years 4 months. Other accused persons are already enlarged on bail. The trial in the case is not yet commenced. Prosecution has cited altogether 66 charge sheet witnesses in the present case and therefore, the - 5 - NC: 2025:KHC:11051 CRL.P No. 8816 of 2024 chances of the trial being completed in the near future is very remote. 8. It is not in dispute that the petitioner is enlarged on bail in all the criminal cases registered against him earlier. The petitioner is an youngster aged 24 years. Considering the fact that the prosecution case is based on circumstantial evidence and the petitioner is in custody for the last more than 2 years and 4 months, I am of the opinion that the petitioner has made out a case for grant of regular bail. 9. Accordingly, I pass the following:
Decision
ORDER (i) The Criminal Petition is allowed. (ii) Accused No.1 is directed to be released on bail in respect of S.C.No.105/2023 pending before the Court of III Additional Sessions Judge, Shivamogga, arising out of Crime No.91/2022 registered by Jayanagara Police Station, Shivamogga for the offence punishable under Sections 201, 397 and 302 of IPC subject to the following conditions:- a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:11051 CRL.P No. 8816 of 2024 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 21