IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4668/2019 BETWEEN:
1. Mujaheed Pasha @ Mujja, S/o Mukthiyar, Aged about 19 years, Residing at No.20, 1st Floor, Modi Road, D.J. Halli, Bengaluru – 560 045.
2. Syed Sawood, S/o Babu, Aged 27 years, Residing at No.2764, 1st Cross, Shadab Nagar, K.B. Sandra, D.J.Halli, Bengaluru – 560 045. ... Petitioners (By Sri V.J. Benjamine, Advocate) AND:
The State of Karnataka, By D.J. Halli Police Inspector, D.J. Halli, Bengaluru – 560 045. Represented by SPP, High Court Building, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.131/2019 of Devarajeevanahalli Police Station, Bengaluru City for the offence p/u/s 143, 147, 148, 504, 307 r/w 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Crime No.131/2019 with respect to offences punishable under Sections 143, 147, 148, 504, 307 r/w 149 of IPC.
2. The case of the prosecution is that one Azmathula Khan had filed a complaint before the respondent alleging that on 06.06.2019, while he was going to his mother’s house by driving his auto rickshaw, Mohammad Rizwan and other had made ‘galata’, picked up quarrel and it is alleged that Mohammad Rizwan hit the auto rickshaw with his sword and had broken the windshield and also assaulted complainant. In the light of said incident, complaint was made, FIR has been lodged and investigation is in progress.
3. The learned counsel for petitioners contends that a bare perusal of the complaint would indicate that it is only accused no.1, who is referred as having assaulted the complainant, and the names of the petitioners are not found in the complaint. It is further stated that the complainant had obtained medical treatment and the injuries are simple in nature.
4. Taking note of the fact that complaint by itself makes out the case only against accused no.1 and also noticing that the counsel for petitioners asserts that there are no criminal antecedents which remains uncontroverted and as the petitioners are in custody since 13.06.2019, taking in note of the facts in its entirety, case is made for enlarging the petitioners on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.131/2019 with respect to offences punishable under Sections 143, 147, 148, 504, 307 r/w 149 of IPC subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.131/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum before the concerned court.
(ii) The petitioners shall not tamper with evidence, influence in any way any witness.
(iii) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(iv) The petitioners shall physically present themselves and mark their attendance before the Station House Officer, Devarajeevanahalli P.S., Bengaluru City once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(v) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-