IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4465/2019 BETWEEN ADDU PADIL @ ADRAMA S/O ABDUL KADHER AGED 44 YEARS R/AT GUMPAKALLU BAPPALIGE PUTTUR TALUK D.K. DISTRICT - 517583 ... PETITIONER (BY SRI. LETHIF B, ADVOCATE FOR SRI. ABDUL ANSAR P., ADVOCATE) AND STATE OF KARNATAKA BY PUTTUR TOWN POLICE D.K. DISTRICT, REP BY SPP HIGH COURT BUILDING BANGALORE – 560 001 ... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.47/2019 OF PUTTUR TOWN P.S., D.K., DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 341, 323, 324, 504, 307 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.1 along with other six accused in Crime No. 47/2019 of Puttur Town Police, Puttur Taluk, D.K. registered for the offence punishable under Sections 143, 147, 148, 341, 323, 324, 504, 307 r/w 149 of IPC, which is now pending on the file of 5th Additional District and Sessions Judge at Puttur Taluk.
3. The allegations in brief as per the records are that, on 22.05.2019, one Rafeek (A7) called the complainant’s brother Safwan, who was working in Dubai and abused his mother in filthy language, hence Safwan called the complainant to enquire with the said Rafeek about the said incident. Accordingly the complainant warned Rafeek to that effect. In that context, when the complainant was on the way back to his house at 10.30. pm from the Mosque after completing Namaz, near Ambedkar Circle, Salmara, Chickmudnoor Village, Puttur Taluk, the accused along with other persons by forming into an unlawful assembly, with a common object, way laid him and abused him in filthy language and manhandled him. When the complainant asked the reason, Accused No.1 assaulted him with an iron rod on his head on temporal region and attempted to kill him and also threatened him with dire consequences of life, as a result of which, the complainant sustained severe injuries and was admitted to the hospital for treatment.
4. The learned counsel for the petitioner (A1) submitted that, earlier the victim-complainant has assaulted one Mr. Ibrahim, who is said to be the relative of the petitioner (A1) and the Puttur Town Police had registered FIR against the Victim (Complainant herein) in Crime No. 46/2019, but by using the political influence, the victim (complainant herein) has managed to register a false case against the present petitioner (A1). Learned counsel reiterated the grounds urged in the petition that the Prosecution has mislead the Jurisdictional Court viz., 5th Addl. District and Sessions Court at Puttur by stating that, the petitioner (A1) is a rowdy sheeter and several cases have been registered against him and others. But no such other case is pending against the petitioner.
5. Learned HCGP has brought to the notice of this court that, the charge sheet has not been filed. However, the injured was admitted to the hospital and he was discharged. Further, it is also made known to this court that, the said injured in the counter case, has surrendered himself before the court and enlarged on bail.
6. Looking to the above, it is clear that there are case and counter case registered in the same jurisdictional police station for similar offences. It appears some quarrel has taken place between two groups and persons of both the groups have sustained injuries and both the groups have filed a complaint and counter complaint and hence, it appears a case and counter case are filed with the same jurisdictional police. Moreover, the injured are discharged from the hospital and also there is no life threat to the complainant. Further, whether the injuries sustained by the complainant were sufficient to cause death of a person and in turn it attracts Section 307 of IPC has to be established during the course of full-dressed trial. It is also submitted that the petitioner has been in jail for more than 70 days. Therefore, considering the nature of allegations and the existence of case and counter case between two groups in pursuance of a quarrel, I am of the opinion that, it is a fit case to enlarge the petitioner (A1) on bail. Hence, the following:
ORDER The petition is allowed. The petitioner (A1)-Addu Padil @ Adrama shall be released on bail in connection with Crime No.47/2019 of Puttur Town Police Station, registered against him for the aforesaid offences, now pending on the file of 5th Additional District and Sessions Judge, Puttur Taluk, D.K., subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not tamper the prosecution witnesses.
iii) The petitioner shall appear before the concerned trial Court on all future hearing dates, unless exempted for any genuine reasons by the Court.
iii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
iv) The petitioner shall mark his attendance once in 15 days between 10.00 am and 5.00 p.m. before the concerned Investigating Officer, till filing of the charge sheet or for a period of two months, whichever is earlier.
KGR* Sd/-
JUDGE