IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL BETWEEN:
Hasina B.
CRIMINAL PETITION No.2403/2019 W/o Muneer Ahamed Aged about 50 years House Wife, R/at Bidarahalli Village Mudigere Taluk Chikkamagaluru District-577 101. (By Sri Abijith M.M., Advocate) AND:
State of Karnataka by Mudigere Police Station, Sakaleshpura Circle Chikkamagaluru District Represented by Government Pleader High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.17/2019 of Mudigere Police Station, Chikkamagaluru, for the offences punishable under Sections 224, 225, 332, 353, 323 and 504 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This case is taken out of turn on the submission of the learned counsel appearing for the petitioner on the ground that there is marriage of petitioner’s sister.
2. The present petition has been filed by the petitioner/ accused No.4 under Section 438 of Cr.P.C. to release her on anticipatory bail in Crime No.17/2019 of Mudigere Police Station, Chikkamagaluru, for the offences punishable under Sections 224, 225, 332, 353, 323, 504 r/w Section 34 of Indian Penal Code.
3. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
4. The gist of the complaint is that on 10.2.2019 at about 5.15 p.m. the P.S.I. of Belthangadi Police Station along with his staff went to Bidarahalli Village of Mudigere Taluk to arrest the accused Muneer Ahamed by obtaining Non-Bailable Warrant issued by J.M.F.C. Court, Belthangadi in C.C.No.675/1979 registered against the said Muneer Ahamed, who was absconded since from the date of registration of the case. It is further stated that on the information that the said Muneer Ahamed was there in the canteen situated near the house of the accused they went there and asked Muneer Ahamed to come out of the canteen as they want to execute the warrant. In the meanwhile son of the accused by name Owrangajeb prevented the police officials from arresting the said Muneer Ahamed and he pelted stones at the police and they escaped from the said assault. In the meanwhile, the daughter of Muneer Ahamed bite the right hand finger of the Head Constable, at that time the petitioner/accused wife of Muneer Ahamed abused the police officials in filthy language and prevented them from arresting Muneer Ahamed. During the said process Muneer Ahamed was able to escape from the spot. Because of which, the P.S.I.
and Head Constable of Belthangadi Police Station could not arrest the accused Muneer Ahamed. On the basis of the complaint, a case has been registered.
5. It is the submission of the learned counsel for the petitioner that the petitioner/accused is innocent and she has been falsely implicated in the case. She was not present at the time of the alleged incident. It is further submitted that no overt acts have been attributed as against the petitioner/accused. The alleged offences are not punishable with death or imprisonment for life. She is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on anticipatory bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused along with the other accused persons have tried to avoid the execution of Non-Bailable Warrant to be executed against the accused Muneer Ahamed and they helped to escape him from the said spot. She further submitted that the petitioner/accused has prevented the police officials while discharging their duties and execution of warrant. If the petitioner/accused is enlarged on bail, it is going to send a wrong signal in the Society. On these grounds, she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. On close reading of the contents of the complaint and other materials it discloses the fact that the P.S.I. of Belthangadi Police Station has gone to execute the Non- Bailable Warrant against the accused Muneer Ahamed and at that time the son, daughter and wife of the accused Muneer Ahamed have obstructed the police officials in executing the warrant issued by the Court. Then under such circumstances, I feel that it is a serious case, when the order of the Court is intended to be executed by the police and staff, at that time the petitioner/accused along with other accused persons obstructed them. Then under such circumstances, I feel that it is not a fit case to grant anticipatory bail. When the Court order itself is ignored and insulted and it was tried not to execute the order, then under such circumstances, it is considered to be a serious act of the petitioner/accused .
9. Under the said facts and circumstances the petition stands dismissed. However, the above observation will not come in the way if the petitioner/accused surrender before the Court below and applies for regular bail.
Sd/- JUDGE *AP/-