IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.4541 OF 2019 Between:
1. Nowfal @ Toppi Nowfal, S/o.Basheer, Aged about 25 years, R/at:Opp:Siriseeme Nursery, Faizal Nagar, Bajal Village, Bajal-Nanthoru, Mangaluru Taluk, D.K.District-575231.
2. Mohammed Asif @ Achi @ Moopa A.S, S/o. Abdul Hameed, Age about 25 years, R/at: Kodimajalu, Putta Rent House, Kunpanamajalu, Farangipet, Pudu Village, Bantwal Taluk, D.K.District-574222. ... Petitioners (By Sri. Lethif. B, Advocate) And:
The State of Karnataka, By Bantwal Rural Police Station, D.K. District, Rep. by SPP, High Court Building, Bangalore-560001. ... Respondent (By Sri.K.Nageshwarappa, HCGP) This Crl.P is filed u/s.439 of Cr.P.C., praying to enlarge the petitioners on bail in Cr.No.296/2017 of Buntwala Rural P.S., D.K.District for the offence p/u/s 143, 147, 148, 341, 427, 324, 326, 307, 302, 120B r/w 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 petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking release them on bail in Crime No.296/2017 of Bantwal Rural Police Station, D.K. District for the offences punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302, 120(B) r/w 149 of IPC.
2. I have heard the learned counsel for the petitioners/accused Nos.1 and 2 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the complainant was working as a 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 and 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 the 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 on their heads and other parts of their body. At that time, the complainant, Mustaq, Anees, Chammu, Afzal tried to escape from the said place and one Mustaq and Anees assaulted them with an intention to murder and caused grievous 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 the accused persons escaped from the spot and a case has been registered in this behalf.
4. It is the submission of the learned counsel for the petitioners /accused Nos.1 and 2 that already accused Nos.3 to 9, 11 and 12 have been released on bail. It is his further submission that already the charge sheet has been filed and there are no overt acts alleged as against petitioner/accused Nos.1 and 2. It is his further submission that the allegations are common allegation in omnibus. No specific overt acts mentioned in the charge sheet material against the petitioners herein. It is his further submission that since two years, petitioners/accused Nos.1 and 2 are languishing in jail and already investigation has been completed and petitioners are not required for further investigation or interrogation. It is further submitted that trial is not yet been completed and it may take some more time. It is further submitted that he is ready to abide by the conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the name of petitioners/accused Nos.1 and 2 is seen in the complaint and CWs.2 to 5 are eyewitnesses to the alleged incident and they have been specifically stated that it is accused persons who carried the lethal weapons and assaulted the deceased and the deceased died due to multiple injuries. It is his further submission that Post Mortem Report also corroborates with the statement of the witnesses. It is his further submission that it is accused No.13 who is considered to be a master mind behind the act and he carried all other accused persons and he instigated the other accused persons and committed the murder of the two persons. It is further submitted that petitioners/ accused Nos.1 and 2 are highly influential persons. If they are released on bail, they may tamper with the prosecution evidence and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and contents of the complaint and other materials which has been produced in this behalf.
7. The records disclose that accused Nos.3 to 9, 11 and 12 have approached his Court and this Court by exercising the power has already released them on bail.
As could be seen from the statement of eyewitness i.e., CW.2 therein he has stated that when the car was stopped, at that time, it is accused No.5/Nowfal @ Deal Nowfall, accused No.6/Ameer Sohail @ Ammi, accused No.7/Mohammad Hussain @ Saddam Hussain @ Munna, accused No.8/Mohamman Fazal @ Pajju, accused No.9/Abdul Rehman@Adram, accused No.10/Mustaq@Miccha, accused No.11/Tasleem, accused No.12/Attu@Arshad have assaulted with talwar but who actually assaulted the deceased and how many blows have been given has not been specifically stated in the statement of CW.2 and other witnesses. The statement of witnesses disclose the fact that petitioners/accused Nos.1 and 2, all of a sudden alighted from the car by holding the lethal weapons and they attacked and caused the death of the deceased. But there are no specific overt acts alleged as against petitioners. Under similar facts and circumstances, already this Court has released some of the accused. On the ground of parity, petitioners/accused Nos.1 and 2 are also entitled to be released on bail. In the light of the above, petition is allowed.
8. Petitioners/accused Nos.1 and 2 are enlarged on bail in Crime No.296/2017 of Bantwal Rural Police Station, D.K. District for the offences punishable under Sections 143, 147, 148, 341, 427, 324, 326, 307, 302, 120(B) r/w 149 of IPC subject to the following conditions:
1. Petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in a month on every 1st till the trial is concluded.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall not indulge in similar type of activities.
Sd/- JUDGE nms