IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.9579 of 2018 BETWEEN:
RAFIC, S/O. FIROZ, AGED ABOUT 30 YEARS, RESIDING AT-114, 2ND MAIN, 4TH CROSS, KAMALANGARA, BANGALORE - 560 079.
(BY SRI YOGESH G., ADVOCATE FOR SRI D. BALAGANGADHARA, ADVOCATE) AND:
STATE BY RAJAGOPALANAGARA, POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
(BY SRI HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.363 OF 2018 (C.C.No.26830 OF 2018) REGISTERED BY RAJAGOPAL NAGAR POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 353, 332 AND 307 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER Heard learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent-State. Perused the records.
2. The Police have laid the charge sheet against the petitioner and others for the offence punishable under Sections 353, 332 and 307 read with 34 of IPC.
3. The brief factual matrix of the case is that, the petitioner is alleged to be the habitual offender and involved in number of cases. Particularly, CWs. 1 to 4 were deputed for the purpose of tracing the petitioner and other accused persons in connection with eight cases registered in different crime numbers of Mahalaxmi Layout Police i.e. Crime Nos.185/2018 to 193/2018 for the offences punishable under Sections 143, 147, 427, 506 B read with Section 149 of IPC. In this context, on 19.06.2018, CWs.1 to 4 went in a Police vehicle towards Tumakuru, Nelamangala and Hesaragatta road and when they reached Kanteerava Studio, they intercepted a car, in which, accused Nos.1 and 2 were proceeding and in fact, the Police fired at the car belonging to the accused person and the tire got burst and accused Nos.1 and 2 tried to run away. At that time, CWs. 1 and 3 have chased accused No.2 and in that context, accused No.2 assaulted CWs.1 and 3 with a dagger and in order to stop accused No.2, the Police fired at him, which caused injury to the left leg of accused No.2. In a similar fashion, accused No.1 also ran on the other side and CWs.2 and 4 chased him and in that context, accused No.1, the petitioner herein, said to have assaulted on the right hand of CW.4, who sustained abrasion and contusion which are said to be simple injuries. CW.2 also fired at accused No.1, who also suffered gun-shot injury to his right leg and fell down and later, he was taken into custody and in that context, the charge sheet was laid.
4. On a careful perusal of the entire charge sheet, at this stage, it is difficult to draw inference as to whether there was an attempt to commit murder. Considering the nature of injuries sustained by CW.4 which are simple in nature, of course there is a serious allegation with regard to destruction of public properties, that has to be established during the course of full-fledged trial. As the charge sheet has already been filed, the offence under Section 307 of IPC at this stage cannot said to have been attracted. However, the same has to be proved beyond all reasonable doubt during full-fledged trial. Other offences are not serious and the petitioner has made out a case for grant of regular bail under Section 439 of Cr.P.C. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.363/2018 (CC No.26830/2018) of Rajagopal Nagar Police Station, Bengaluru, registered against him for the offences punishable under Sections 353, 332 and 307 read with 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/- JUDGE mv