IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4628/2019 BETWEEN:
1. SRI SALEEM PASHA @ SALEEM S/O NAYAZ PASHA AGED ABOUT 25 YEARS R/AT WARD NO.22, HUNASANAHALLI ROAD NEAR ARALIMARA, 3RD CROSS JANATHA COLONY RAMANAGARA TOWN RAMANAGARA DISTRICT – 562 159 2. THABREJ PASHA @ THABREJ S/O NAYAZ PASHA AGED ABOUT 27 YEARS R/AT WARD NO.22 HUNASANAHALLI ROAD NEAR ARALIMARA, 3RD CROSS JANATHA COLONY RAMANAGARA TOWN RAMANAGARA DISTRICT – 562 159 …PETITIONERS (BY SRI D.MOHAN KUMAR, ADVOCATE) AND:
STATE OF KARNATAKA BY RAMANAGARA TOWN POLICE REPRESENTED BY S.P.P.
HIGH COURT PLEADER BENGALURU – 560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.17/2019 OF RAMANAGARA TOWN POLICE STATION, RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 149, 307 AND 504 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioners and the learned High Court Government Pleader for the respondent- State. Perused the records.
2. The police have registered a case against the accused for the offence punishable under Section 307 of IPC and other minor offences in Crime No.17/2019.
3. The case of the prosecution as could be seen from the first information report is that on 12.03.2019 at about 4.00 p.m. accused and the injured person by name Abdul Muhin quarreled with each other. In this context, it is alleged that the petitioners and another person by name Wasim and other four persons, totally seven persons have abused the complainant and petitioner No.2 assaulted with sickle on the left hand and left knee, Salim i.e. petitioner No.1 assaulted on the left hand and also Wasim another accused assaulted with knife on the back and out of four persons, one person was holding long and assaulted the injured on the right knee and threatened with dire consequences of killing him. It is stated that the complainant has taken treatment in Ramanagara hospital.
4. Learned High Court Government Pleader submits that the injury certificate has been obtained from the Rajarajeshwari Medical College & Hospital which shows that the injured has suffered one open fracture of 3rd Metacarpal to left hand, except that no other injury was available.
5. Therefore in the above said facts and circumstances, when the injury certificate does not tally with the first information report, in my opinion, the petitioners are entitled to be enlarged on bail. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.17/2019 of Ramanagara police station, Ramanagara District on the following conditions:
i) The petitioners/accused Nos.2 and 3 shall surrender themselves before the Investigating Officer within ten days from the date of receipt of certified copy of this order and they shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the concerned Investigating Officer;
ii) The petitioners/accused Nos.2 and 3 shall not indulge in hampering the investigation or tampering the prosecution witnesses;
iii) The petitioners/ accused Nos.2 and 3 shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for;
iv) The petitioners/ accused Nos.2 and 3 shall not leave the jurisdiction of the Ramanagara District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier; & v) The petitioners/accused Nos.2 and 3 shall mark their attendance once in 15 days between 10.00 am. and 5.00 p.m. before the concerned investigating officer for a period of two months or till the charge sheet is filed whichever is earlier.
Sd/- JUDGE KSR