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 CRIMINAL PETITION NO.8989/2018 C/W CRIMINAL PETITION NO.1178/2019 CRIMINAL PETITION NO.8989/2018: BETWEEN:
Ibrahim @ Putta Aged about 29 years, S/o Bava, R/a. Konnuru Borugudde Rented house belonging to Salam, Konnur Post, Mangalore District-574 142. ...Petitioner (By Sri. Ranganath Reddy.R., Advocate) AND:
State by Batwala Rural Police Station Mangalore (Represented by State Public Prosecutor) High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Smt. Namitha Mahesh.B.G., HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.296/2017 of Buntwala Police Station, D.K., Mangaluru for the offences punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302 and 120-B read with 149 of IPC.
CRIMINAL PETITION NO.1178/2019: BETWEEN:
Abdul Rahiman @ Adrama, S/o. Hammabba, Aged about 31 years, R/at:2-120-4D, Jalligudde, Near Jayanagar Masjid, Jaya Nagar, Mangaluru.
D.K. District - 574 222. ...Petitioner (By Sri. B. Lethif, Advocate) AND:
The State of Karnataka, By Bantwal Rural Police Station D.K. District. Represented by SPP, High Court Building, Bengaluru - 560 001. ...Respondent (By Smt. Namitha Mahesh.B.G., HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.296/2017 of Buntwala Police Station, D.K. District for the offences punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302 and 120-B read with 149 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R Crl.P.No.8989/2018 has been filed by the petitioner-accused No.3 and Crl.P.No.1178/2019 has been filed by the petitioner-accused No.9 under Section 439 of Cr.P.C to release them on bail in Crime No.296/2017 of Buntwala Rural Police Station, Dakshina Kannada for the offences punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302, 120(B) read with 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case are that the complainant was working as a loader in a Cargo at Goa. On 25.09.2017 at about 10:00 a.m., one Appi of Maripalla called the complainant and informed that Panjyothi side persons attacked the Appi and same was informed to Zia. It is further alleged that immediately, one Fayaz, in his rented Swift car along with the complainant, Mustaq, Anees, Chammu, Afzal and Zia went towards Maripalla at about 10:45 p.m., they reached near Parangipete Police Station and at that time, one Innova Car came and stopped in front of the Swift car in which, the complainant was proceeding and found one Noufal Faizalnagar, Noufal Kannur, Ammi Kannur, Munna Faizalnagara, Arshad Faizalnagara and Saddam and they were having deadly weapons and attacked the car driver-Faizal and inmate Zia on their heads and other parts of their body. At that time, the complainant, Mustaq, Anees, Chammu, Afzal tried to escape from the said place and one Mustaq and Annes assaulted them with an intention to murder and caused grievous injuries. It is further alleged that among one, Chammu was not seen by the complainant and Afzal got injuries to his leg. It is further alleged that there was an injury to his hand from the broken car glasses. At that point of time, public gathered and the accused persons escaped from the spot and a case has been registered in this behalf.
4. It is the submission of learned counsel appearing for the petitioners-accused Nos.3 and 9 is that their names are not found either in the complaint or in the FIR and no specific overt acts are alleged as against the present petitioners. The learned counsel submitted that, it is accused Nos.10 and 11, who have assaulted the deceased and because of the said injuries, the deceased succumbed to the injuries. Accused Nos.4 and 8 are released on bail by this Court, under similar facts and circumstances of the case, the present petitioners are also entitled to be released on bail. At the time of the alleged incident, accused No.3 was only driving the said Innova car and accused No.9 was part of the mob, but no specific overt acts are alleged against them and the charge sheet has been already filed. The learned counsel submitted that the names of the petitioners-accused Nos.3 and 9 have been included after three days of filing of the complaint, only on the basis of the subsequent statement recorded by the Police Inspector. The petitioners-accused Nos.3 and 9 are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners-accused No.3 and 9 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are eye witnesses to the alleged incident and the records also clearly goes to show that the petitioners-accused Nos.3 and 9 have participated in the alleged crime by conspiring with the other accused persons. She further submitted that the present petitioners along with other accused persons went to the place by intercepting the car of the deceased and assaulted them with lethal weapons, causing grievous injuries and as a result of the same, the deceased succumbed to the injuries. She further submitted that there was a rivalry between the groups, only with an intention to eliminate the deceased, the alleged incident has taken place. If the petitioners-accused Nos.3 and 9 are released on bail, they may indulge in similar type of criminal activities. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
7. On close scrutiny of the facts and circumstances of the case, it indicates that the alleged incident has taken place on 25.09.2017 at about 10:00 a.m. Initially, the complaint was registered against ten persons and subsequently, names of the petitioners-accused Nos.3 and 9 have been incorporated. As could be seen from the records, the eye witnesses have stated that accused No.3 was driving the car at the time of the alleged incident. In so far as accused No.9 is concerned, he was also present at the time of the alleged incident, but no specific overt acts are alleged against the present petitioners to show that they have assaulted the deceased with lethal weapons. There is no incriminating material as against the present petitioners and already charge sheet has been filed. The records indicate that it is accused Nos.10 and 11, who have assaulted the deceased with lethal weapons causing grievous injuries, resulting to his death. Accused Nos. 4 and 8 have been released on bail, on the ground of parity, petitioners-accused Nos.3 and 9 are also entitled to be released on bail.
Taking into consideration the above facts and circumstances of the case, criminal petitions are allowed. Petitioners-accused Nos.3 and 9 are ordered to be enlarged on bail in Crime No.296/2017 of Buntwala Rural Police Station, Dakshina Kannada for the offences punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302, 120(B) read with 149 of IPC, subject to the following conditions:
1. Each of the Petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall be regular in attending the trial.
Sd/- JUDGE RB