Shaik Ibrahim vs The State

A.V. Chandrashekara, J—Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent.

Petitioner is accused No. 3 in Crime No. 43/2015, on the file of Roza police station, Kalaburagi district. Offence alleged against the petitioner is punishable under Section 302 read with Section 34 of IPC.

Allegation against accused Nos. 1 and 2 is that they had taken the deceased Syed Jainoddin to a room of Bilalabad Masjid, in order to have unnatural sex with him and both of them murdered him as the deceased had objected for the same.

During the course of investigation, the police came to know that this petitioner had financial transaction with the deceased and the deceased had not repaid the amount borrowed by him. In this regard, he is stated to have conspired with accused No. 1 and 2.

Learned Additional SPP has vehemently opposed the bail application on the ground that it is too premature to disbelieve the circumstances of the case and the statement of the material witnesses which make out a prima facie case against the involvement of this petitioner in the murder of deceased Syed Jainoddin. Hence, he requests this Court to dismiss the bail application.

After hearing the learned counsel for the petitioner and perusing the copy of the charge sheet made available to this Court, it is seen that very first information lodged by the father of the deceased discloses that accused Nos. 1 and 2 taken deceased in a room to have unnatural sex and this was seriously objected to by this petitioner. The circumstance that this petitioner had lent money to the deceased and the deceased had not returned the same and the petitioner had conspired with accused Nos. 1 and 2 will have to be considered at the time of trial. Entire investigation is over. The petitioner has undertaken to co-operate with I.O. in conducting further investigation. The main allegation is against accused Nos. 1 and 2 for having murdered the deceased with deadly weapons and assaulting him on vital parts of the body.

Petitioner is a permanent resident of Kalaburagi district, having roots in the community. He has undertaken to obey any conditions which may be imposed on him. Thus the apprehension of the learned Additional SPP could be suitably met with by imposing certain conditions.

In this view of the matter, petition is allowed and bail is granted to the petitioner, subject to the following conditions:--

"a) Petitioner shall be released on bail on executing a personal bond in a sum of Rs. 1,00,000/- with one surety, for the likesum to the satisfaction of the concerned Court.

b) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses.

c) Petitioner shall not involve himself in any criminal activities.

d) Petitioner shall attend the respondent police station once in a week on every Sunday between 9.00 a.m. and 5.00 p.m. without fail, till the case registered against him is disposed off."