SYED AJAZ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition under Sec. 439, Crimial P.C. 1973

(2.) One Sameena, wife of the petitioner initiated proceedings under Sec. 200, Crimial P.C. 1973 for the offences punishable under Sections 448, 323, 498(A) and 307 read with Sec. 109 and Sec. 34, Penal Code and also sections 3, 4 and 6 of Dowry Prohibition Act. Including the petitioner totally 5 accused were implicated. The Magistrate referred the matter for investigation to the police who filed charge-sheet thereafter. Initially the petitioner was admitted to anticipatory bail and later on he also obtained regular bail. But he violated the bail conditions and flew away to Saudi Arabia. For this reason, the charge sheet against the petitioner came to be split and trial was held against the other accused. It appears that the other accused were acquitted. When the petitioner returned to India on 27.6.2018, he was arrested at the airport and therefore he has sought for bail now.

(3.) The learned Counsel for the petitioner admits that the petitioner did violate bail condition, but now he undertakes that he will not violate any condition imposed by this Court in case bail is granted and he is ready to face trial. He also submits that the police have already seized his passport. The petitioner is in custody for the last more than (me month and therefore he prays for enlarging the petitioner on bail.