Karnataka High Court
Aboobakar P vs State By Napoklu Police on 9 August, 2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2018
BEFORE
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.5135/2018
BETWEEN:
Aboobakar.P,
S/o late Mohammad Haji,
Aged about 38 years,
Residing at Pathangode house,
Kunjila Vilale, Kakkabe post,
Madikeri taluk,
Kodagu District - 571201.
...Petitioner
(By Sri C.N.Raju, Advocate)
AND
State by Napoklu Police,
Madikeri. Represented by SPP,
High Court of Karnataka,
Bangalore-560001.
...Respondent
(By Sri Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.56/2018 of Napoklu Police Station, Kodagu
District for the offence punishable under Section 338,
2
304 read with 34 of IPC and Section 25, 3 of Indian
Arms Act.
This Criminal Petition coming on for Orders this
day, the Court made the following:
ORDER
Heard the learned counsel for the petitioners and the learned High Court Government Pleader.
2. This is a petition filed under Section 439 of Cr.P.C. The respondent police initially registered an FIR in Crime No.56/2018 for the offence punishable under section 338 of IPC. After the death of one Ashraf, the offence under Section 304 of IPC was added. From the complaint made by one Abdul khaddar, it can be noticed that the petitioner, along with Haneef Haji and the deceased Ashraf, went out in the night hours on 14.04.2018 for driving out the elephants which had entered their estate. When they were inside the estate, deceased wanted to answer nature call and therefore, he was left behind. Haneef Haji was holding the gun. It is 3 stated that the petitioner took the gun from Haneef Haji and left that place saying that he would go in search of elephants. As he opened fire, it struck the deceased who had gone to attend the nature call and as a the result, deceased got injured and later on he died in the hospital.
3. The complaint itself makes very clear that probably petitioner might have opened fire thinking that he was shooting at an elephant. Due to misfiring it might have struck the deceased. Therefore, in these circumstance, intention on the part of the petitioner to cause the death of the deceased is not forth coming. Any way it is a matter of investigation. At this stage I do not find prima facie materials and hence, the following:
ORDER Petition is allowed.
The petitioner is ordered to be released on bail in connection with Crime No. 56/2018 registered by the respondent police subject to his executing a bond for a sum of 4 Rs.50,000/- (Rupees Fifty Thousand only) and furnishing Two sureties for the likesum to the satisfaction of the trial Court. Petitioner is also subjected to following conditions:
i. He shall not tamper with the evidence collected by the investigating officer ii. He shall not directly or indirectly threaten the witnesses iii. He shall regularly appear before the Court for trial, without fail.
Sd/-
JUDGE NS/ssb