IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.3958/2019 BETWEEN SRI. IRFAN AGED ABOUT 22 YEARS S/O NOORUJAHAN R/AT 2-141, PANJIMOGARU KAVOOR, MANGALURU-575 003 (BY SMT. HALEEMA AMIN, ADV. FOR SRI. S. VISHWAJITH SHETTY, ADV.) AND ... PETITIONER STATE OF KARNATAKA PANAMBURU POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001 ... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.186/2018 OF PANABMUR POLICE STATION, MANGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 323, 324, 354 AND 307 READ WITH 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. As could be seen from the first information report, it appears that there is a serious allegation made against the petitioner who is arraigned as accused No.1 in Crime No.186/2018 of Panambur Police Station for the offence punishable under Sections 143, 144, 147, 148, 323, 324, 354, 307 read with Section 149 of IPC.
3. The brief factual matrix of the case is that:
On 21.11.2018 at about 11.30 a.m., all the accused persons including the petitioner herein, have surrounded the complainant and particularly Accused No.1-the petitioner herein, and assaulted the deceased-injured with an iron rod on his head and caused severe injuries.
4. At present, as the injury certificate of the deceased has not been produced and the investigation has not yet completed, this court cannot meddle with the trial.
Therefore, the petitioner in my opinion is not entitled for grant of anticipatory bail as such.
Under the above said circumstances, the petition is disposed of with a liberty to the petitioner to approach the competent court for grant of regular bail.
The petitioner in the event of filing any such regular bail petition, the same has to be disposed of as expeditiously as possible by the concerned court.
Sd/- JUDGE PL*