Mohammad Ashraf vs The State on 11 October, 2017

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Karnataka High Court

Mohammad Ashraf vs The State on 11 October, 2017

Bench: Rathnakala

                           -1-



   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11th DAY OF OCTOBER 2017

                         BEFORE

         THE HON'BLE MRS.JUSTICE RATHNAKALA

           CRIMINAL PETITION NO.7484/2017

BETWEEN:

MOHAMMAD ASHRAF
S/O AHAMMAD
AGED ABOUT 40 YEARS
R/AT MILITARY GROUND
SULLIA TALUQ
D.K. - 574 148.                            ...PETITIONER

(BY SRI ABDUL ANSAR P., ADV.)

AND:

THE STATE
BY SULLIA POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR.                  ...RESPONDENT

(BY SRI S.VISHWAMURTHY, 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.118/2017 OF SULLIA
POLICE STATION, D.K., WHICH IS REGISTERED FOR THE
OFFENCES P/U/S 143, 147, 148, 324, 307 R/W 149 OF IPC.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
                                   -2-



                            ORDER

Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.

2. The petitioner apprehends arrest by the respondent-police in their Cr.No.118/2017 registered in respect of the offences under sections 143, 147, 148, 324, 307 r/w section 149 of IPC.

3. The allegation of the prosecution is, A-1 to A-9 formed an unlawful assembly, travelled in two cars and a scooty and dashed to the scooty of the complainant from behind, assaulted him and the pillion rider with lethal weapons and caused injuries etc.

4. Learned counsel for the petitioner submits that the petitioner was not cited by the complainant in his complaint. He is the owner of Alto Car bearing Reg.No.KA- 41-P-7690 which is allegedly used by the assailants. The Investigating Officer has issued a notice to him calling upon -3- him to appear for interrogation. However, in view of the allegation that his car was used for commission of the offence, he apprehends arrest and harassment.

In the light of the above, the petition is allowed. The petitioner is granted anticipatory bail in Cr.No.118/2017 registered by the respondent-police subject to the condition that he shall voluntarily appear before the respondent- Investigating Officer. In the event of his arrest in the above case, he shall be released on bail on executing a self bond for Rs.50,000/- with one surety for the likesum.

Sd/-

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Karnataka High Court