IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 1460/2019 BETWEEN 1. Mahammed Khalid S/o. Barkath Ali, Aged about 24 years, Occ: Medical Pharmacy Representative, R/o. D. No.203, Near Charley Pailwan, Auto Stand, Davanagere – 577 001.
2. Afridhi S/o. Ayub Ali, Student Aged about 20 years, R/o. D. No.203, Main Road, Chamrajpete, Davanagere 577 001.
(By Sri. Dinesh Kumar Rao, Adv. for Sri. R. B. Deshpande, Adv. ) AND:
The State of Karnataka By Vidhyanagara Police Station, Davanagere Central Circle, Davanagere District 577 001.
(By Sri. Honnappa, HCGP) …Petitioners …Respondent This criminal petition is filed u/s. 438 of Cr.P.C. praying to direct the concerned police of Vidhyanagara Police Station, Davanagere Central Circle, Davanagere District to enlarge the petitioners on bail in Crime No.9/2019 of Vidhyanagara Police Station, Davanagere Central Circle, Davanagere District registered for the offences punishable u/s 143, 147, 504, 323, 307, 506 r/w 149 of IPC now pending on the file of I Additional (Sr. Dn.) Civil Judge and JMFC Court, Davanagere in the event of their arrest.
This criminal petition coming on for orders this day, the court made the following:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader. Perused the records.
2. The brief facts of the case are that on 12.01.2019 at about 17.00 hours, the complainant by name Abhishek, who was a student lodged a complaint stating that on 11.01.2019 at about 12.30 p.m. when the complainant along with his friend Akash was there near Bapuji Samudaya Bhavana, some students have assaulted the friend of the complainant by name Akash and went away. After coming to know about that, the complainant and his other friends by name Sachin, Venkatesh, Margi, Parashuram, they all went near Bapuji Samudaya Bhavana compound and they were talking to each other, at that time, again some 25 to 30 people came there in two vehicles and started abusing the complainant and others. The accused persons have actually threatened the complainant and others with dire consequences and also tried to caught hold of Akash and squeezed his neck, at that time the public gathered there resolved the dispute.
3. None of the complainant and his friends or any other persons have sustained any injuries. As could be seen from the statement made by the complainant himself, it reveals that they have sustained some internal pain and for which they have not taken any treatment etc.
4. Looking to the above said facts and circumstances, it appears some group clash might have taken place and before the matter reached climax, the same appears to have been resolved by the public at large on the spot. Under the above said facts and circumstances, though there is no injury to anybody, it is very difficult for the Court to draw an inference whether it attracts 307 of IPC or not. Therefore, the same has to be thrashed out during the course of full fledged trial.
5. Under the above said facts and circumstances, in my opinion, petitioners are entitled to be enlarged on bail who are arrayed as accused Nos. 1 and 2 in Crime No.9/2019 on the file of the I Additional (Sr. Dn.) Civil Judge and JMFC, Davanagere.
6. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.9/2019 of Vidyanagar Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in two weeks on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE VP