IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION NO.8729 OF 2018 BETWEEN:
1. SRI ILIYAZ S/O REHAMAN AGED ABOUT 26 YEARS 2. SRI IDAYATH S/O IBRAHIM SAB AGED ABOUT 30 YEARS 3. SRI INAYATH S/O IBRAHIM SAB AGED ABOUT 20 YEARS 4. SRI KHLEEM S/O WAZEER SAHID SAB AGED ABOUT 28 YEARS 5. SRI THOSEEF S/O MEHABOOB PASHA AGED ABOUT 27 YEARS 6. SRI REHAMAN S/O SHEIKH ARM SAB AGED ABOUT 40 YEARS ALL ARE R/O CHOLAMBALLI VILLAGE GULUR HOBLI, TUMKUR -572 101 …PETITIONERS (BY SRI.A.N.RADHAKRISHNA, ADVOCATE FOR SRI A.H.BHAGAVAN, ADVOCATE) AND:
THE STATE OF KARNATAKA BY TUMAKURU TOWN POLICE TUMAKURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 ...RESPONDENT (BY SRI.) THIS PETITION IS FILED UNDER SECTION 438 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.127/2018 OF TUMKUR TOWN POLICE STATION, TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 323, 324, 342, 149 AND 302 OF IPC AND ETC.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The present petition has been filed under Section 438 of Cr.P.C. by the petitioners-accused Nos.2 and 4 to 8 to release them on anticipatory bail in Crime No.127/2018 of Tumkur Town Police Station for the offence punishable under Sections 143, 147, 148, 323, 324, 342, 14 and 302 of IPC.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
3. The gist of the complaint is that deceased Mohammed Afta, his two friends and the complainant were involved in various theft cases. On 24.04.2018, they had been to Tumkur Town to commit theft of motorbike. It is alleged that Mohammed Aftha went inside the village and told the complainant and Shekar to remain outside the village. When he went by smoking cigarette filled with Ganja, villagers followed him asking him who is he; as to why he came? At that time, he pointed gun towards them. Hence, 15 to 20 villagers caught hold Mohammed Aftha and the complainant and assaulted them discriminately. The villagers took them to dilapidated house and there also they have assaulted Mohammed Aftha and handed over to the police. Subsequently, he died on 25.04.2018.
4. It is the submission of the learned counsel for the petitioners that the case has been registered against 15 to 12 unknown persons. Subsequently, the petitioners-accused have been included as accused persons. He further submitted that as the deceased has shown the gun towards the public, the alleged incident has taken in a spur of moment without there being any intention. Because of that the public assaulted them by taking them to dilapidated condition house. He further submitted that what is the cause for death has also not been clearly stated by the investigating agency. It is further stated that the deceased has sustained 19 injuries. Most of them are Contusions. Under such circumstance, what is the cause for the death is not ascertainable. The petitioners-accused are ready to abide by any condition imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and prayed to release the petitioners-accused persons on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the matter is still under investigation and the accused- petitioners along with others have assaulted the deceased and the complainant. As a result of the same, Mohammed Aftha succumbed to the injuries on 25.04.2018. The accused-petitioners absconded and they are not available for the purpose of investigation or interrogation. He further submitted that they are involved in a heinous offence of causing the death and as such, they are not entitled for anticipatory bail. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the petitioners and learned HCGP appearing for respondent – State and perused the material on record.
7. On close reading of the contents of the complaint and other materials on record, it indicates the fact that the deceased was assaulted by a mob of 15 to 20 villagers and the alleged incident has taken place in a spur of moment. That itself clearly goes to show that the petitioners are not having any intention to cause the death. Be that as it may, the opinion given by Dr. S. Rudramurthy is that the death is due to myocardial ischemia as a result of coronary artery disease resulting in cardiac arrest. When the Doctor has also opined that the death is due to cardic arrest and not for any injuries, in the said circumstance, it is not the petitioners-accused who are responsible for the death of deceased. Hence, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.2 to 6 are enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused Nos.2 and 4 to 8 are enlarged on anticipatory bail in the event of their arrest in Crime No.127/2018 of Tumkur Town Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 342, 149 and 302 of IPC subject to the following conditions:
1. Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission.
5. They shall mark their attendance once in 15 days till the charge sheet is filed.
Sd/- JUDGE BS