IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 9562/2018 BETWEEN:
Mohammed Fazal @ Fazal @ Pajju S/o Aboobakkar, Aged about 25 years, R/at F.A.Manzil, Kannuru Borugudde, Kannuru Post & Village, Mangaluru Taluk, D.K.District – 574222. ...Petitioner (By Sri.B.Lethif, Advocate) AND:
State of Karnataka, By Bantwal Rural Police Station, D.K.District.
Rep. by SPP, High court Building, Bengaluru – 560001. ... Respondent (By Sri.Nasrulla Khan, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.296/2017 of Buntwala Rural Police Station, Dakshina Kannada District for the offences punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302, 120B read with 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.8 under Section 439 of Cr.P.C., seeking to release him on regular bail in Crime No.296/2017 of Bantwal Rural Police Station, Dakshina Kannada registered 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 petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that complainant is working as 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, 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 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 to their heads and other parts of body. At that time, complainant, Mustaq, Anees, Chammu, Afzal tried to escape from the said place and one Mustaq and Anees assaulted them with the intention of murder and caused 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 they escaped from the spot and a case has been registered in this behalf.
4. It is the submission of the learned counsel for the petitioner that name of the petitioner/accused No.8 has not been shown either in the complaint or in FIR. Already accused No.4 has been released on bail. Charge sheet has been filed after investigation and the eye witness Nos.2 to 4 have been examined after two days after the incident. He further submits that there are no specific overt acts alleged against the petitioner/accused No.8. The only allegation as against the accused Nos.10 and 11 that they have assaulted the deceased with lethal weapons. He further submits that he was only member of the said group and nothing more than that. He further submits that accused No.4 has granted bail. On the ground of parity, petitioner/accused No.8 is also entitled to be released on bail. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.8 on bail.
5. Per Contra, learned High Court Government Pleader vehemently argued and submitted that there are eye witnesses to the alleged incident, when the petitioner/accused No.8 has participated by conspiring with the other accused/petitioners. He further submits that he is having criminal antecedents. If the petitioner/accused No.8 is enlarged on bail, he may abscond and he may not be available for trial. There is rivalry between the two groups and again if he is released he may involve in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. On careful consideration of the facts and circumstances, it would indicate that the alleged incident has taken place on 25.09.2017 at about 10.00 p.m. and initially the complaint was registered against 10 persons and subsequently name of the petitioner have been incorporated. At the time when the complaint was registered name of the petitioner/accused No.8 was not there. As could be seen from the statement of the eye witnesses there are no specific overt acts alleged against the petitioner/accused No.8 to show that he has assaulted the deceased with lethal weapons. The only allegations which has been made as against the petitioner/accused No.8 is that he has conspired with other accused persons. Though he is a member of the said group but there are no specific overt acts and there is no incriminating material to show that petitioner/accused No.8 assaulted the deceased or any other persons. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused No.8 is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, petition is allowed. Petitioner/accused No.8 is enlarged on bail in Crime No.296/2017 of Bantwal Rural Police Station, Dakshina Kannada registered 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. Petitioner/accused No.8 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the trial Court without prior permission.
3. He shall mark his attendance once in a month i.e., on 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regularly appear before the trial Court for trial, without fail.
6. He shall not indulge in similar type of criminal activities in future.
Sd/- JUDGE NS