IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9th DAY OF JANUARY 2017

BEFORE

THE HON'BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.8333/2016

BETWEEN:

AIZAZ B.PATEL S/O BANDE NAVAZ PATEL AGED ABOUT 26 YEARS R/A NANDRALA VILLAGE INDI TALUK BIJAPURA DISTRICT – 586 201. …PETITIONER

(BY SRI B.LETHIF, ADV.)

AND:

STATE OF KARNATAKA BY VINOBHA NAGAR POLICE STATION SHIVMOGA DISTRICT REP. BY SPP HIGH COURT BUILDING BANGALORE – 560 001. ...RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.151/2014 OF VINOBANAGAR P.S., SHIMOGA, FOR THE OFFENCES P/U/S 504, 506, 120B, 399, 400 AND 402 R/W 149 OF IPC AND SEC.66(A) OF INFORMATION TECHNOLOGY ACT, SEC.3, 8, 25(1-B), (1-A)

AND (1-C) OF THE ARMS ACT, 1959 AND U/S 3 OF THE KARNATAKA CONTROL AND ORGANIZED CRIME ACT, 2000.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent.

2. The respondent-police charge sheeted the petitioner (A-4) along with ten others in their Cr.No.151/2014 in respect of the offence punishable under sections 504, 506, 120-B, 399, 400 and 402 r/w section 149 of IPC, under Section 66(A) of the Information Technology Act, Sections 3, 8, 25(1-B), 1(A) and 1(C) of the Arms Act, 1959.

3. The allegation is, the petitioner along with co-accused was found illegally transporting three pistols and 18 live bullets. The investigation since complete, there is no impediment to allow the petition.

Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.151/2014 of respondentpolice, subject to the following conditions:

• (i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court. The surety must not have offered surety to any other accused of any other criminal case so far.
• (ii) He shall mark his attendance before the respondent-police on every alternate Tuesday during office hours till conclusion of trial and shall not leave the jurisdiction of the concerned special court.

The concerned special Court while accepting the surety bond, shall examine the original title deeds pertaining to the properties of the surety, his/her identity card/aadhar card.

Sd/- JUDGE

Dvr: