Karnataka High Court
Sharamuddin vs The State Of Karnataka on 27 October, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF OCTOBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.201075/2017
C/W
CRIMINAL PETITION NO.201093/2017
Criminal Petition No.201075/2017
BETWEEN:
Sharamuddin S/o Khaza Hussain Katgar,
Age: 50 Years,
Occ: Sheep Vending Business
R/o: Janata Colony,
Ward No.4, Tq: Lingasugur,
Dist: Raichur-584101.
... Petitioner
(By Sri Shivanand. V. Pattanashetti, Adv.)
AND:
The State of Karnataka,
R/by Addl. SPP
High Court of Karnataka
Kalaburagi Bench-585102.
2
(Through Lingasugur P.S.
Dist: Raichur)
... Respondent
(By Sri P. S. Patil, HCGP)
This Criminal Petition is filed under Section
439 of Cr.P.C. praying to grant the regular bail to
the petitioner in Crime No.135/2017
(C.C.No.350/2017) of Lingasugur Police Station,
Raichur for the offences punishable under Section
143, 147, 148, 324, 341, 326(A), 302 R/W 149 of
IPC, pending before Prl. Civil Judge (Jr. Dn.) and
JMFC Court at Lingasugur.
Criminal Petition No.201093/2017
BETWEEN:
Samiulla s/o Sharamuddin Katgar,
Age: 24 Years,
Occ: Mutton Business,
R/o: Janata Colony,
Ward No.4, Tq: Lingasugur
Dist: Raichur-584101.
... Petitioner
(By Sri Shivanand. V. Pattanashetti, Adv.)
AND:
The State of Karnataka,
R/by Addl. SPP
High Court of Karnataka,
Kalaburagi Bench-585102.
3
(Through Lingasugur P.S.
Dist: Raichur)
... Respondent
(By Sri P. S. Patil, HCGP)
This Criminal Petition is filed under Section
439 of Cr.P.C. praying to grant the regular bail to
the petitioner in Crime No.135/2017
(C.C.No.350/2017) of Lingasugur Police Station for
the offences punishable under Sections 143, 147,
148, 324, 341, 326(A), 302 R/W 149 of IPC pending
before Prl. Civil Judge (Jr. Dn) and JMFC Court at
Lingasugur.
These petitions coming on for orders for this
day, the court made the following:
ORDER
These two petitions are taken up together as both the petitions are filed under Section 439 of Cr.P.C. and arising out of same crime.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
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3. These petitions are filed under Section 439 of Cr.P.C. seeking to release the petitioners on bail in C.C.No.350/2017 (Lingasugur P.S. Crime No.135/2017) for the offences punishable under Sections 143, 147, 148, 324, 341, 326(A), 302 r/w 149 of IPC, pending on the file of Prl. Civil Judge (Jr. Dn) and JMFC Court at Lingasugur.
4. The substance of the complaint is that on 23.04.2017 at about 9-30 p.m., one Sharanamma 30 years wife of Sanganna Ganter, Janata Colony Lingasugur had been to attend second nature call and when she was returning, four unknown persons wearing the mask, restrained her and thereafter one of them manhandled her with club on her left forehead and right ring finger and at that time, another person has poured some acid like chemical 5 over her head from a bottle with an intention to disfigure her personality as a result of the same, she sustained the burn injuries over the head, face and other parts of the body and she made hue and cry and immediately the said persons have escaped from the spot and thereafter she was shifted to the hospital for treatment. Thus, she suffered injuries and facial disfigurement.
5. Originally the case came to be registered against the four unknown persons in Crime No.135/2017 for the offences punishable under Sections 341, 323 and 326(b) R/w Section 34 of IPC.
6. During the investigation of the case, she died on 3.7.2017 and post mortem was conducted 6 on 04.7.2017 and the cause of death as per report is septicemia is a result of chemical burns sustained. However, on 24.04.2017 she had given statement.
7. Hence, final report came to be filed for the offences punishable under Sections 143, 147, 148, 324, 341, 326(A), 302 R/w 149 of IPC against five persons.
8. Learned counsel for the petitioners would submit that on 04.05.2017 injured/complainant voluntarily gone to home from general hospital Lingasugur stating that she has recovered and died on 03.07.2017. Thus, the case that was registered in crime No.135/2017 for the offences punishable under Sections 341, 323 and 326(b) R/w Section 34 7 of IPC came to be transformed to one for the offence punishable under Section 302 of IPC.
9. Accused Nos.1 and 2 have filed application before this Court and same was rejected on 14.07.2017 and the order is as under :
"The petition is dismissed. However, the petitioners are at liberty to move the Court for bail after the charge sheet is filed."
10. The learned counsel for the petitioners would submit that investigation of the case is completed and charge sheet is filed. The petitioners are in custody from 25.04.2017. Thus, petitioners have made out ground for grant of bail under Section 439 of Cr.P.C.
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11. Learned High Court Government Pleader would submit that the petitioners are not entitled for the relief of bail.
12. I have perused the order passed by this Court it is to be stated that at the time of FIR the case was registered and bigger offence was 326(b). However, as the victim died on 3.7.2017. Thereafter, the case was registered for the offences punishable under Sections 143, 147, 148, 324, 341, 326(A), 302 r/w 149 of IPC. Accused Nos.3, 4 and 5 being the family members of the petitioners. However, they have not appeared before the Court. Thus in the context and circumstances of the case, considering the judicial custody, completion of the investigation, I find it is just and proper to grant bail to accused No.2 Samiulla. In so far as bail 9 application of accused No.1 Sharamuddin is liable to be rejected.
13. The Court does not express any opinion in respect of the other accused persons. These applications were disposed of on the present set of circumstance.
Hence the following :
ORDER Application filed by petitioner/accused No.2 Samiulla in Crl.P.No.201093/2017 under Section 439 of Cr.P.C. in crime No.135/2017 of Lingasugur Police Station for the offences punishable under Sections 143, 147, 148, 324, 341, 326(A), 302 R/w 149 of IPC is allowed.10
The petitioner/accused No.2 is ordered to be enlarged on bail on he executing a personal bond for a sum of Rs.1,00,000/- with a surety for the like sum to the satisfaction of the jurisdictional Court subject to the following:
Conditions
1. The petitioner/accused No.2 shall not terrorize and tamper the prosecution witnesses directly or indirectly.
2. The petitioner/accused No.2 shall not leave the State of Karnataka without the permission of the trial Court.
Application filed by petitioner/accused No.1 in Crl.P.No.201075/2017 under Section 439 of Cr.P.C. in crime No.135/2017 of Lingasugur Police Station for the offences punishable under Sections 143, 11 147, 148, 324, 341, 326(A), 302 R/w 149 of IPC is rejected.
The prosecution is given liberty to move for cancellation of bail in case of all or any of the conditions are violated.
Sd/-
JUDGE KJJ/ RSP