IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No.2649 OF 2019 BETWEEN:
SAABULAL SHARIFF @ ISMAIL SHARIFF, S/O. LATE ABDUL JALEEL, AGED ABOUT 75 YEARS, R/AT 299, NEAR NOORANI MASJID, 34TH CROSS, 12TH MAIN ROAD. BSK 2ND STAGE, BENGALURU-560 070. ... PETITIONER [BY SRI.KUMARA, ADVOCATE] AND:
STATE OF KARNATAKA BY BANASHANKARI POLICE STATION, BENGALURU CITY-560 050.
REP. BY SPP., HIGH COURT BUILDING, BENGALURU-01 ... RESPONDENT [BY SRI. I.S.PRAMOD CHANDRA, SPP-II] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.56/2019 OF BANASHANKARI POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S. 326, 354, 504 R/W SEC. 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner/accused No.1 is seeking anticipatory bail in connection with Crime No.56/2019 of Banashankari Police Station registered for the offence punishable under Sections 326, 354, 504 r/w. Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned SPP-II appearing for the respondent/State.
3. The case of the prosecution is that on 17.03.2019, the petitioner and his two sons were demolishing their old building to construct a new building. At that time, the wall of the house of the complainant got damaged. The complainant approached the petitioner and his sons and requested them to be careful while demolishing the building. Enraged by the same, the petitioner and the other two accused are said to have scolded the complainant in filthy language and assaulted him with iron rod on his left leg, stomach, left shoulder and also kicked him and dragged him. The accused persons also assaulted the wife of the complainant by dragging her cloths and also pushed her.
4. The learned counsel appearing for the petitioner submitted that accused Nos.2 and 3 have already been enlarged on bail. The petitioner is aged about 75 years and a false case has been filed against the entire family members. He submits that this petitioner is ready to abide by any reasonable condition/s that may be imposed by this Court.
The learned SPP on the other hand submits that the investigation is still under progress and if the petitioner is enlarged on bail, then he may tamper with the prosecution witnesses. Accordingly, he seeks to dismiss the petition.
5. It is not disputed that accused Nos.2 and 3 are already on bail. The iron rod which was used in the commission of the offences has already been seized from the spot. It is also submitted that the injured/complainant has been discharged from the hospital. The petitioner is aged about 75 years. Considering the aforesaid facts and circumstances of the case, I am of the view that the petitioner may be enlarged on bail. Accordingly, I pass the following:
ORDER The petition is allowed.
The petitioner shall be enlarged on bail in the event of his arrest in Crime No.56/2019 of Banashankari Police Station registered for the offence punishable under Sections 504, 326, 354, 504 r/w. Section 34 of IPC on the following conditions:
(1) The petitioner shall surrender himself before the Investigating officer, within a period of ten days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- [Rupees Fifty Thousand Only] with one surety for the likesum.
(2) The petitioner shall mark his attendance before the jurisdictional Police Station on every Sunday between 10.00 a.m. and 5.00 p.m. till the filing of the charge sheet.
(3) The petitioner shall not tamper with the prosecution witness in any manner.
Sd/- JUDGE Ksm*