IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 3275 OF 2019 BETWEEN:
Sri. Rahamath @ Bugiya, S/o Khadar Nawaz, Aged about 26 years, Residing at No.23, 13th Cross, Street Road, Padarayanapura, J.J.Nagar, Bangalore-560 026. ... Petitioner (By Sri. Naushad Pasha, Advocate) AND:
State by Vijayanagara Police, Bangalore-560 040, Represented by S.P.P., High Court of Karnataka, High Court Building, Bangalore-560 001. ...Respondent (By Sri.Honnappa, HCGP.) This criminal petition is filed under Section 438 of CR.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.486/2018 of Vijayanagar Police Station, Bengaluru City for the offences punishable under Sections, 353,504,307 read with Section 34 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 learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2 in the charge-sheet filed by the respondent Police in C.C.No.28816/2018 on the file of the LXV Addl. City Civil and Sessions Judge, Bengaluru City, registered for the offences punishable under Sections 353, 504 and 307 r/w. Section 34 of IPC.
3. The brief facts of the case on hand is that on 24.08.2018, when CW1 was discharging his duty as a public servant (as ASI), at that time, when he was near pipeline road, J.J.Nagar under-pass along with CW2, they observed one motor cycle bearing registration No.KA-41/S-2962 came there, three persons were on the motor cycle without helmet. The police wanted to spot them but the accused persons who were holding long, choppers in their hands, particularly accused Nos. 1 and 2 attempted to assault the complainant (CW1). However, CW1 rescued himself and abusing the police officials the said accused persons escaped from the spot on the motor cycle, inspite of the best efforts made by the public to catch the accused persons.
4. Looking to the above-said facts and circumstances, the allegation made against the petitioner also shows that he was also holding chopper in his hand and splashed the same towards the police officials while they were discharging their duties as public servants. Therefore, in my opinion, particularly, the petitioner here in is not entitled to be enlarged on anticipatory bail. Hence, the petition deserves to be dismissed and accordingly, it is dismissed.
5. However, as charge-sheet has already been filed, if the petitioner files any petition for grant of regular bail, the concerned jurisdictional court has to dispose of the said petition as expeditiously as possible, without unnecessary delay.
Sd/- JUDGE Cm/-