IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8069/2018 BETWEEN:
1. SHARIEF @ MOHAMMED SHARIEF S/O. HASANABBA AGED ABOUT 31 YEARS R/AT: 2-130 KUKKE PADPU HOUSE ULAIBETTU, MANGALURU – 574145 2. IBRAHIM S/O. PAKIRABBA AGED ABOUT 30 YEARS R/AT: 2-220, BORUGUDDE HOUSE GURUPURA, ULAIBETTU MANGALURU - 574145 ...PETITIONERS (BY SRI. B.LETHIF, ADVOCATE (ABSENT)) AND:
THE STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION D.K.DISTRICT REPRESENTED BY THE S.P.P HIGH COURT BUILDING BANGALORE - 560001 ... RESPONDENT (BY SRI. K.P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.128/2018 REGISTERED BY MANGALORE RURAL POLICE STATION, MANGALURU CITY, D.K., FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 324 AND 307 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.2 and 3 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.128/2018 of Mangaluru Rural Police Station, for the offences punishable under Sections 143, 147, 148, 324, 307 r/w 149 of IPC.
2. I have heard the learned High Court Government Pleader for respondent-State. Learned counsel for the petitioners is not present.
3. The gist of the complaint is that:
On 30.08.2018, at about 09:00 p.m. when the complainant was parking his two-wheeler little away from Borugudde of Ulaibettu to go to his brother’s house, at that time, the petitioners along with other accused by forming an unlawful assembly with a common intention suddenly came and assaulted him with an iron rod, sickle and wooden club and also they threatened him with life. On the basis of the said complaint, a case has been registered.
4. It is contended by the learned counsel for the petitioner in his petition that the petitioners are innocent and they have not committed any offence and the ingredients of Section 307 of IPC are not attracted. Injured has already been discharged from the hospital. There is no danger to the life of the complainant. He further submits that the petitioners are ready to co- operate with the investigation, abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.2 and 3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that injured/complainant has sustained grievous injuries and has also suffered as many as thirteen injuries and because of the said injuries, he was got admitted in the hospital on 30.08.2018 and the accused persons have chased and assaulted the accused. He further submits that because of the earlier enmity, the offence has been taken place and if petitioners/accused Nos.2 and 3 are enlarged on bail, they indulge in similar type of criminal activities and they may abscond and may not be available for investigation and interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced in this behalf and also considered the submissions made by learned High Court Government Pleader for respondent-State.
7. By going through the wound certificate issued by SCS Hospital, it indicates that the complainant – Mohammed Musthafa was got admitted to the hospital on 30.08.2018 and discharged on 13.09.2018. It is noticed from the wound certificate that though injury Nos.4 and 15 are grievous in nature, the records indicate that he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Under these facts and circumstances of the case, I feel if by imposing stringent conditions, petitioners/accused Nos.2 and 3 are ordered to be enlarged on bail, it is going to meet the ends of justice.
8. In the light of the discussion made above, petition is allowed and the petitioners/accused Nos.2 and 3 are ordered to be released on anticipatory bail, in the event of their arrest in Crime No.128/2018 of Mangaluru Rural Police Station for the offences punishable under Sections 143, 147, 148, 324 and 307 read with 149 of IPC, subject to the following conditions:
1. Each of the petitioners-accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh only) with two sureties each for the likesum to the satisfaction of the Investigation Officer.
2. They shall surrender before the Investigation Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the charge sheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall available for investigation and interrogation.
Sd/- JUDGE HJ