IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION NO.2115 OF 2019 BETWEEN:
1. SHAIKH MYFAZ RAHAMATHULLA AGED ABOUT 27 YEARS S/O.RAHAMATHULLA R/AT 9-53/57, ASMA MANZIL MILLATH NAGAR, NADUHITHLU ULLAL, MANGALURU D.K.-575 020 2. MOHAMMED AZMAAN AGED ABOUT 29 YEARS S/O.MOHAMMED BASHEER R/AT 4-9, MANCHILA ULLAL, MANGALURU D.K.-575 020 ...PETITIONERS (BY SRI SACHIN B.S., ADVOCATE) AND:
STATE OF KARNATAKA BY ULLAL POLICE STATION REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001 ...RESPONDENT (BY SRI DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CRIME NO.13/2019 REGISTERED BY ULLAL POLICE STATION ON THE FILE OF 3RD JMFC COURT, MANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 323, 353, 332 AND 506 READ WITH SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard both sides on the petition filed by the petitioners under Section 438 of Cr.P.C.
2. The summary of the allegation leveled against the petitioners is that when the complainant who is said to be the Police Constable on duty as on the date of the alleged offence which was on 01.02.2019 objected the petitioners from smoking tobacco in public, the petitioners said to have assaulted the public servant on duty and torn his uniform.
3. Learned counsel for the petitioners submits that the alleged offences are exclusively triable by the Magistrate and they are not heinous offences. He further submits that due to prior grudge against the petitioners by the complainant, a false complaint has been lodged against them.
4. Per contra, learned High Court Government Pleader submits that the complainant makes out a clear and prima facie case against the petitioners as such the petitioners/accused do not deserve to be allowed on bail.
5. Considering the nature of offences and alleged facts shown in the complaint, I am of the view that by imposing reasonable conditions, the petitioners are deserve to be enlarged on bail. Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
In the event the petitioners are arrested by Ullal Police Station in Crime No.13/2019 for the offences punishable under Sections 504, 323, 353, 332 and 506 read with Section 34 of IPC, they shall be enlarged on the relief of anticipatory bail subject to the conditions that:
i) Both the petitioners shall execute a personal bond for a sum of `40,000/- (Rupees Forty Thousand only) each with two sureties for the likesum to the satisfaction of the enlarging authority.
ii) They shall appear before the Investigating Officer on every 1st and 3rd Thursday of the month, between 9.00 a.m. and 1.00 p.m. and mark their attendance till the investigation is completed and final report is filed.
iii) They shall not hamper and tamper the prosecution witnesses in any manner.
iv) They shall appear before the Magistrate before whom the matter is pending, within three weeks from today.
Sd/- JUDGE LB