IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7765/2017 C/W CRIMINAL PETITION NO.7766/2017 IN CRL.P. NO.7765/2017 BETWEEN:
1. JABEENA W/O ASLAM PASHA AGED ABOUT 38 YEARS 2. SHABEERA W/O LATE ABDUL SATTHAR AGED ABOUT 56 YEARS 3. ROSHAN W/O MUMTAZ AGED ABOUT 32 YEARS 4. RAHIL PASHA S/O ASLAM PASHA AGED ABOUT 18 YEARS PETITIONERS NO.1 TO 4 R/AT EDGA ROAD ABAD MOHALLA HASSAN – 34. …PETITIONERS (BY SRI PRATHEEP K.C., ADV.) AND:
THE STATE OF KARNATAKA REP. BY PENSION MOHALLA POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) IN CRL.P. NO.7766/2017 BETWEEN:
1. RAFIK AHAMAD @ TIPPUR S/O MUKBUL KHURESHI AGED ABOUT 34 YEARS R/AT KHALANDAR STREET JAVAGAL HOBLI ARASIKERE TALUK HASSAN DISTRICT – 56.
2. AJMUL PASHA @ AJJU S/O MUKBUL AGED ABOUT 32 YEARS R/AT KHALANDAR STREET JAVAGAL HOBLI ARASIKERE TALUK HASSAN DISTRICT – 56.
3. SUYEB S/O MUMTAZ AGED ABOUT 18 YEARS R/AT EDGA ROAD ABAD MOHALLA HASSAN – 34 4. YASIR PASHA S/O ASLAM PASHA AGED ABOUT 19 YEARS R/AT EDGA ROAD ABAD MOHALLA HASSAN – 34. …PETITIONERS (BY SRI PRATHEEP K.C., ADV.) AND:
THE STATE OF KARNATAKA REP. BY PENSION MOHALLA POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) ***** THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.165/2017 OF PENSION MOHALLA POLICE STATION, HASSAN FOR THE OFFENCES P/U/S 506, 143, 147, 148, 307, 323 AND 324 R/W 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioners apprehend arrest by the respondent-police in their Cr.No.165/2017 in respect of the offences under sections 143, 147, 148, 323, 324, 307, 506 r/w section 149 of IPC. The petitioners are arraigned as accused Nos.3, 4, 6 to 10 at Column No.6 of the FIR.
3. The allegation is, in pursuance of their previous enmity against the complainant, the accused persons attacked him and his folks, thus caused bleeding injuries. The accused threatened him of dire consequence and left leaving behind the weapons.
4. As per the submission at the bar, A-1, 2 and 9 were arrested. Weapons allegedly used for commission of the offence are seized during spot mahazars. Learned counsel for the petitioners submits that the complaint itself suggests there is ongoing dispute between the complainant party and the accused party, and the petitioners are not criminals, they are all family holders and undertake to abide by any condition that may be imposed by this court.
In the light of the above, the petitions are allowed. Petitioners are granted anticipatory bail in Crime No.165/2017 of respondent-police subject to the condition that they shall forthwith appear before the respondent- Investigating Officer. In that event, the Investigating Officer is at liberty to interrogate them. In the event of the arrest of the petitioners, they shall be released on bail on each of them executing a self bond for Rs.50,000/- with one surety for the likesum. They shall not threaten the complainant and the prosecution witnesses. They shall maintain themselves as law abiding citizens.
Dvr:
Sd/- JUDGE