IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION No.9243/2017 BETWEEN:
BASHEER BELLARE @ D.ABDUL BASHEER S/O ADAM D AGED ABOUT 32 YEARS R/AT: DARKASTH HOUSE BELLARE POST & VILLAGE SULLIA TALUK, D.K.DISTRICT D.K.DISTRICT – 574219. .. PETITIONER (BY SRI B LETHIF, ADV.) AND:
THE STATE OF KARNATAKA BY PANAMBUR POLICE STATION REP. BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001. .. RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.53/2017 OF PANAMBUR POLICE STATION OF MANGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 153(A) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This is a petition filed by the petitioner/accused under Section 438 IPC seeking anticipatory bail to direct the respondent/police to release the petitioner on b ail in the event of his arrest by the respondent/police for the alleged offence under Section 153(A) IPC registered in respondent/Police Station in Crime No.53/2017.
2. Brief facts of the prosecution case alleged in the complaint is that on 08.04.2017 the complainant received an information that in the facebook account of the accused, he had posted a message for those who were transporting the cattle that there was chances of obstructions from the Chaddies, to be ready with the weapons to assault them and teach a lesson after which the Gorakshaks would not continue the said act again. Further provocation that without having weapons, cattle could not be transported, if it was transported without weapons, then there was likelihood of assault and death to the transporters and thereby provoked the communal harmony on the basis of which, a case came to be registered for the alleged offences.
3. Heard the arguments of the learned counsel for the petitioner and the learned HCGP. Perused the grounds urged in the Bail Petition, FIR, Complaint and Other Materials produced in the case.
4. Though, there is such allegation, the petitioner herein has denied the allegations contending that there is a false implication of the petitioner in the case. Petitioner states that he is ready to abide by any conditions to be imposed by the Court, if he is granted bail. Alleged offences are triable by the Magistrate Court and it is not exclusively punishable for death or imprisonment for life.
5. Accordingly, petition is allowed. The respondent/police are directed to release the petitioner on bail in the event of his arrest subject to the following conditions:
(i) The petitioner accused shall have to execute personal bond for Rs.50,000/- with one solvent surety for the likesum to the satisfaction of the concerned arresting authority.
(ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) He has to mark his attendance before the concerned Police Station once in a month preferably on Sunday in between 10.00 a.m. and 11.00 a.m. till the completion of investigation and he has to cooperate with the investigation agency for further investigation so also for interrogation.
(iv) He has to appear before the concerned Court and to execute the personal bond so also the surety bond within 30 days from the date of this order.
Sd/- JUDGE brn