Shabbir Ahmed @ Shabbir vs State Of Karnataka

Suraj Govindaraj, J

The petitioner is before this Court seeking for the following relief:

" WHEREFORE, the petitioner most humbly prayed that this Hon’ble Court may kindly be pleased to released him on bail, who is accused No.3 in Crime No.253/2023 (S.C.No.5012/2024) registered by respondent Bhadravathi Rural Police Station, no pending on Hon’ble IV Addl. District and Sessions Judge, Shivamogga sitting at Bhadravathi for the offence punishable under Section 143, 144, 144, 146, 147, 148, 120, 201, 302, 149 of IPC, 1860 and Section 25(1-a) of Arms Act, 1959, in respect of petitioner, in the interest of justice."

The petitioner is arrayed as accused No.3 in Cr.No.253/2023 registered by Bhadravathi Rural Police Station for the aforesaid offences.

The submission of the learned counsel for the petitioner is that accused No.8 has been granted bail by this Court vide order dated 21.03.2025 in Crl.Pet.No.2942/2025 and accused Nos.4 to 7 have been granted bail by the Trial Court vide various orders.

His submission is that the reasoning of this Court vide order dated 21.03.2025 in Crl.Pet.No.2942/2025 would be equally applicable to the present petitioner in as much as omnibus allegations that been made against all the accused including the petitioner herein who is accused No.3. CW2 and 3 have turned hostile and this Court has taken into consideration that there is nothing on record which would implicate the said accused as regard the said offence.

I have perused the complaint which has been filed and the chargesheet which has been filed, it appears that the allegations that are made are omnibus allegations and there is no difference in allegations made, it is stated that accused Nos.1 to 8 have all colluded together committed conspiracy to commit the murder of the deceased Syed Rajiq as regard with the CW2 and 3 being the alleged eyewitnesses have turned hostile.

In such circumstances, the petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita is allowed. The petitioner shall be released on bail in connection with Crime No.253/2023 of Bhadravathi Rural Police Station for the offence punishable under Sections 143, 144, 146, 147, 148, 302, 149 of IPC pending on the file of the IV Addl. District and Sessions Judge, Shivamogga Sitting at Bhadravathi, subject to the following conditions:

i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with surety for the likesum to the satisfaction of the jurisdictional Court;

ii. The petitioner shall appear before the Committal Court on every date of hearing;

iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings.

iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner.

v. The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered is disposed of.

vi. The petitioner shall furnish list of movable and immovable property held by him to the said Court.

vii. The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID (if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial.