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A Bail appilcation was filed in High Court of Karnataka, Bengaluru.
Noushand Ahmed filed a bail application u/s 438 CrPC for offence of abetting suicide committed by some other person u/s 306 Indian Penal Code.
Dead body of the complainant’s father was found near the Byappanahalli Railway Bridge, on examination of the body,Police found a piece of paper in the pocket of the deceased person.In that paper, names of people who were responsible for the death of the deceased were mentioned where Noushad name was also written.Son of the deceased alleged that a sum of Rs14,00,000 was to be returned by Akbar, Satish, Chit Kumar, Adil, Vijay Seva, Anjanappa to the deceased.Hence police convicted them for offence u/s306.
The Court stated that just because there was a piece of paper wherein their names were written doesn’t become a prima facie evidence to convict and it is not sufficient to conclude that above people are responsible for his death.2 accused already had filed and was granted the bail on certain conditions on 27/06/19.Therefore, Noushad could also file for bail and would be granted one of certain grounds which were-
"i) The petitioner (A3)i.e.Ahmed shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier”.
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