IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2121/2019 BETWEEN:
1. Mohammad Sharif S/o. Late Shekabba, Aged about 25 years, R/at: Shanthinagar, Kaikamba, Suralpady Road, Badaga Ulipady Village, Mangaluru Taluk, D.K.District – 575 013.
2. Mohammed Shifaz, S/o. Hasanabba, Aged about 21 years, R/at: Moonlight House, Near Kandavara Panchayath, Kandavara Village, Mangaluru Taluk, D.K. District – 574 231.
3. Mohammed Areef, S/o. Hasanabba, Aged about 28 years, R/at: Kalpane House, Church Road, Kaikamba, Kandavara Village, Mangaluru Taluk, D.K. District – 574 231. ... Petitioners (By Sri. Lethif B., Advocate) AND:
The State of Karnataka, By Bajpe Police Station, D.K. District. Rep. by SPP, High Court Building, Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, 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.272/2018 of Bajpe Police Station, Mangaluru City for the offences punishable under Sections 143, 147, 148, 341, 326, 307, 120-B, 301 read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners who are accused Nos.1 to 3 have filed this petition seeking to be enlarged on bail in connection with their detention relating to proceedings in Crime No.272/2018 with respect to the offences punishable under Sections 143, 147, 148, 341, 326, 307, 120B, 301 read with Section 149 of IPC.
The facts that are made out from the complaint are that when the complainant was on the way in his scooter and was returning after work when he had reached a place called Suralpady the accused who came in two-wheelers and stopped the complainant’s scooter and attacked the complainant using talwar.
2. The Bajpe police have registered a case on 24.09.2018 in Crime No.272/2018 against five unknown persons based on the complaint lodged by one Harish Shetty. It is stated that during the investigation of the said case, the Investigating Officer had arrested few persons and gathered evidence relating to the alleged crime and had filed the charge sheet before the jurisdictional Magistrate against eight accused persons including the petitioners.
3. Learned counsel for the petitioners states that the offence made out was under Section 307 which is not punishable with imprisonment for life or death.
He further states that the petitioners are ready to be subjected to stringent conditions and that they would not interfere with the trial. It is noted that the charge sheet has been filed, investigation is completed. It is to be noticed that the nature of injury is injury to the right cheek, the question as to whether there was an intention to attempt to murder the victim is a matter to be established in trial more so, in the light of nature of injury.
4. The Sessions Court has dismissed the application of the petitioner and has observed that enlarging petitioners on bail would cause fear in the minds of the prosecution witnesses and it would send a wrong message to the society. It is noticed that accused no 3 to 4 have been released on bail.
5. Taking note of the fact that the offences are not punishable with imprisonment for life or death, it will be appropriate to release the petitioners, subject to stringent conditions.
6. The petition filed by the petitioners under Section 439 is allowed, subject to the following conditions:-
(i) Each of the petitioners shall execute a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with a surety for the likesum before the concerned Court.
(ii) The petitioners shall co-operate with the expeditious trial.
(iii) The petitioners shall not tamper with evidence or influence in any way any witness.
(iv) The petitioners shall physically present themselves and mark their attendance before the concerned SHO every fortnight till the conclusion of trial.
(v) Any violation of the aforementioned conditions by the petitioners shall result in automatic cancellation of bail.
Sd/- JUDGE SJK