IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8982/2018 BETWEEN:
1. Sri. Iliyaz Pasha, @ Iliyaz @ Illu, S/o Late Firoz, Aged about 34 years, Residing at No.8, 2nd Floor, Behind Bismilla Shadi Mahal, 3rd Main road, Bismillah Nagar, Bengaluru – 560 029.
2. Sri.Mohammed Suhail @ Suhail @ Rowdy Suhail, S/o Mohammed Aslam, Aged about 26 years, R/at No.26/03, 6th Cross, Bismillah Nagar, Bengaluru – 560 029. ...Petitioners (By Sri.Sathish R Girji, Advocate) AND:
State by Suddaguntepalya Police, Bengaluru.
Represented by Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.202/2018 registered by Suddaguntepalya Police Station, Bengaluru for the offence punishable under Sections 143, 144, 147, 120(B) and 307 read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., to release them on bail in Crime No.202/2018 of Suddaguntepalya Police Station for the offences punishable under Sections 143, 144, 147, 120(B) and 307 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 12.07.2018 at about 10:30 PM, when the complainant was standing near Munichinnappa Choultry, there a quarrel started regarding the business of scrap and immediately accused Nos.1 and 2 came near Munichinnappa Choultry and assaulted the complainant on his face and also assaulted with a long on his head and also they have assaulted with knife on his hip. The complainant suffered grievous injuries and immediately he was taken to Victoria Hospital and there, his statement was recorded and a case was registered.
4. It is the submission of the learned counsel for the petitioners that under similar facts and circumstances, already accused Nos.3 and 4 have been released on bail. Even on the ground of parity, petitioners/accused Nos.1 and 2 are entitled to be released on bail. He further submitted that the alleged incident took place on the spur of moment because of the scrap business and that no intention was there to cause the death. He further submitted that already injured has been discharged from the Hospital on 16/07/2018 and he is out of danger. The petitioners are ready to abide by any of the terms and conditions imposed by this Court and offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are eye witnesses to the alleged incident and it is clearly stated that it is accused Nos.1 and 2 who have assaulted the complainant. It is further submitted that the petitioners are habitual offenders and there are other criminal cases pending against them in respect of similar offences. He further submits that accused No.2 has been convicted for 10 years and when he is released, he has again indulged in criminal activity. It is accused No.2 who has assaulted on the complainant’s head and caused the injuries. 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 has been produced along with the petition and the submissions made by learned counsel appearing for the parties.
7. As could be seen from the records, already accused Nos.3 and 4 have been released on bail by this Court in Criminal Petition No.6287/2018, dated 19/11/2018. As could be seen from the records, the injured has got admitted in Victoria Hospital on 13/07/2018 and thereafter, on 16/07/2018, he has been discharged from the Hospital. Under similar facts and circumstances, already this Court, by order dated 19/11/2018, has taken a view and released accused Nos.3 and 4. No doubt, learned HGCP submitted that accused No.2 is involved in many cases but the said apprehension can be protected by imposing stringent conditions.
8. In the light of the discussion held by me above, the petition is allowed and petitioners/accused Nos.1 and 2 are ordered to be released on bail in Crime No.202/2018 of Suddaguntepalya Police Station for the offences punishable under Sections 143, 144, 147, 120(B) and 307 read with Section 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 lakhs only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall attend the trial regularly; they shall not indulge in similar type of criminal antecedents.
3. They shall not tamper the prosecution evidence directly or indirectly.
4. Accused No.2 shall mark his attendance once in 15 days in the jurisdictional police station between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
5. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE SMJ