Karnataka High Court
Mahammedsadiq S/O Nirsarahmad Monin vs The State Of Karnataka on 30 June, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30th DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.101638/2022
c/w CRIMINAL PETITION NOS.101592/2022, 101595/2022,
101597/2022, 101632/2022, 101683/2022 and 101735/2022
IN CRL.P. NO.101638/2022:
BETWEEN:
1. JEELANI S/O. MOHAMMED HAYAT SHOLAPUR
AGE: 36 YEARS,, OCC: TAILOR,
R/O. ANAND NAGAR, 1ST BUS STOP,
OLD HUBBALLI-580024
HUBBALLI, DISTRICT DHARWAD.
2. GHULAM YASEEN S/O. MOHAMMED SADIQ
AGE: 19 YEARS,, OCC: PRIVATE WORK
R/O. ANAND NAGAR, 1ST BUS STOP,
OLD HUBBALLI-580024,
HUBBALLI , DISTRICT DHARWAD.
3. BASHA S/O. HAYATSAB PHULARE
AGE: 47 YEARS,, OCC: TAILOR,
R/O. BEPARI PLOT, 2ND CROSS,
BEHIND MASJID, OLD HUBBALLI-580024
HUBBALLI, DISTRICT DHARWAD.
4. MOHAMMED RAFIQ S/O. MAHABOOBSAB PINJAR @ NADAF
AGE: 41 YEARS,, OCC: REAL ESTATE,
R/O. ANAND NAGAR, 8TH CROSS,
GHODKE PLOT, OLD HUBBALLI,
HUBBALLI, DISTRICT DHARWAD.
5. IMRAN KHAN S/O. TABRZ KHAN SOUDAGAR
2
AGE: 29 YEARS,, OCC: FABRICATOR,
R/O. ANAND NAGAR ROAD,
CHANDANAGAR COLONY,
OLD HUBBALLI-580024
HUBBALLI, DISTRICT DHARWAD.
6. AKBAR ALI S/O. DASTAGIRSAB YADAWAD
AGE: 31 YEARS,, OCC: WORKING IN MOBILE SHOP,
R/O. ANAND NAGAR, 8TH CROSS,
GHODKE PLOT, OLD HUBBALLI,-580024
HUBBALLI, DISTRICT DHARWAD.
7. SADIQ KHAN S/O. SABEER KHAN PATHAN
AGE: 26 YEARS,, OCC: SCRAP SHOP,
R/O. ADHYAPAK NAGAR,
3RD CROSS, OLD HUBBALI-580024
HUBBALLI, DISTRICT DHARWAD.
8. SAIF KHAN S/O. FAYAZ KHAN JAGIRDAR
AGE: 26 YEARS,, OCC: A C REPAIRING,
R/O. ADHYAPAK NAGAR, 3RD CROSS,
OLD HUBBALLI-580024,
HUBBALLI, DISTRICT DHARWAD.
9. SADIQ S/O. HUSSAINSAB MAKANDAR
AGE: 30 YEARS,, OCC: GOUNDI (MASON),
R/O. MEDYAR ONI, SIDDARTH COLONY,
NEAR NEW ENGLISH SCHOOL,
OLD HUBBALLI,- 580024,
HUBBALLI, DIST DHARWAD.
10. ROSHAN ZAMEER S/O. MEHABOOBSAB KUNDAGOL
AGE: 28 YEARS,, OCC: CENTERING,
R/O. SHIVAPUTRA NAGAR,
1ST CROSS, NEAR MASJID,
OLD HUBBALLI,-580024,
HUBBALLI, DISTRICT DHARWAD.
11. JUNED S/O. ISMAILSAB HUILGOL
AGE: 23 YEARS,, OCC: BAR BENDING WORK,
R/O. AYODHYA NAGAR, 4TH CROSS,
NEAR MASJID,
OLD HUBBALLI,- 580024,
3
HUBBALLI, DIST DHARWAD.
12. AFTAB S/O. ABDUL GAFFAR BAGEWADI
AGE: 29 YEARS,, OCC: WELDING WORK,
R/O. UKT HILLS, 2ND CROSS,
GUDIHAL ROAD,
OLD HUBBALLI,- 580024,
HUBBALLI, DIST DHARWAD.
.. PETITIONERS
(BY SRI. D. L. LADKHAN, ADV. AND
SRI. M. L. LADKHAN, ADV.)
AND:
STATE OF KARNATAKA,
BY OLD HUBLI POLICE STATION - 580024,
TALUK: HUBBALLI, DISTRICT: DHARWAD,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT DHARWAD BENCH,
DHARWAD.
.. RESPONDENT
(BY SRI. V. M. SHEELVANT, SPL. P.P.)
THIS CRIMINAL PETITION NO.101638/2022 IS FILED UNDER
SECTION 439 OF CR.P.C. SEEKING TO ISSUE NECESSARY DIRECTION
AND ORDER TO RELEASE PETITIONERS ON BAIL, WHO ARE IN JUDICIAL
CUSTODY IN CRIME NO.63/2022 FOR OFFENCES PUNISHABLE UNDER
SECTION 307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427, 149,
120(B) OF IPC AND SECTION 3(C) OF PREVENTION OF DAMAGES TO
PUBLIC PROPERTY ACT, 1984 AND SECTION 16, 18, 20 OF THE
UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967, BY OLD HUBLI POLICE
STATION, WITHIN THE JURISDICTION OF THE IV ADDITIONAL CIVIL
JUDGE AND JMFC, HUBBALLI.
IN CRL.P. NO.101592/2022:
BETWEEN:
1. MOHAMMAD SADIQ S/O. NAZIRAHMED CHAJJO
AGE. 38 YEARS, OCC. BAR BENDING,
R/O. MASTAN SOFA, 7TH CROSS, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD -582104
4
2. MOHAMMAD SHAFI SHAIKH S/O. ISMAIL
AGE. 29 YEARS, OCC. COOLIE,
R/O. 619, NEAR NOORANI MASJID, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
3. MAINUDDIN S/O. LIYAKAT BEPARI
AGE. 30 YEARS, OCC. COOLIE,
R/O. NEAR URDU SCHOOL, KATAGAR ONI, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
4. BASHEER AHMED S/O. ABDUL KHADAR SHEIKHALI
AGE. 40 YEARS, OCC. COOLIE,
R/O. 7TH CROSS, INDRAPRASTHA NAGAR, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
5. HAJARAT TAJUDDIN SHAIKH S/O. ISMAIL SHAIKH
AGE. 30 YEARS, OCC. COOLIE,
R/O. 619, NEAR NOORANI MASJID, OLD HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
6. MOHAMMADASIF S/O. HUSSAINSAB YALIWAL
AGE. 42 YEARS, OCC. COOLIE,
R/O. NEAR NEW ANAND NAGAR MOSQUE, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
7. RAHMATULLA S/O. BASIR AHMED BEPARI
AGE. 19 YEARS, OCC. BUSINESS,
R/O. 3RD CROSS, VISHAL NAGAR, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
8. JAFARSAB S/O. IMAMSAB GUDDIMANI
AGE. 27 YEARS, OCC. COOLIE,
R/O. BANATIKATTA, MEHABOOB NAGAR, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
9. JAVEED S/O. IMAMSAB BAGALKOTI
AGE. 39 YEARS, OCC. BUSINESS,
R/O. NEAR MADANI MOSQUE, NEW ANAND NAGAR
OLD HUBBALLI, TQ. HUBBALLI,DIST. DHARWAD-582104
10. HASAN S/O. JAFARSAB FOUZDAR,
AGE. 39 YEARS, OCC. BUSINESS,
R/O. 6TH CROSS, GODKE PLOT, OLD HUBBALLI,
5
TQ. HUBBALLI, DIST. DHARWAD-582104
11. MUSTAQ S/O. MERASAB MUDAGAL
AGE. 42 YEARS, OCC. CHEF,
R/O. NEAR BANATIKATTA MOSQUE, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
12. MOHAMMAD JAFAR S/O. SHABBIR AHMED SAMSHI
AGE. 25 YEARS, OCC. COOLIE,
R/O. NEAR MADANI MOSQUE, NEW ANAND NAGAR
TQ. HUBBALLI, DIST. DHARWAD-582104
13. CHANDPEER S/O. ABDULRAZAK PANIBAND,
AGE. 30 YEARS, OCC. BUSINESS,
R/O. BANATIKATTA, SADASHIV NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
14. MOHAMMAD HANIF S/O. ABDUL KHADAR NEGALUR,
AGE. 29 YEARS, OCC. PRIVATE SERVICE,
R/O. NEAR MOSQUE, DHARWAD COLONY, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
15. SABALU S/O. SADAT SALMANI,
AGE. 22 YEARS, OCC. BUSINESS,
R/O. NEAR MADINI MOSQUE, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD. -582104
16. TOUSIF S/O. WASIMSAB BETAGERI
AGE. 22 YEARS, OCC. BUSINESS,
R/O. SIDDAROODH NAGAR, HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
17. MOHAMMAD ASIF S/O. MEHABOOBSAB JARATARAGHAR,
AGE. 35 YEARS, OCC. COOLIE,
R/O. OPP. FATEH SHAH HALL, JANNAT NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
18. MOHAMMADGOUSE S/O. NANNESAB BEPARI
AGE. 34 YEARS,, OCC. BUSINESS,
R/O. NEAR URDU SCHOOL, KATAGAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
19. SALMAN KHAN S/O. SHABBIR KHAN
6
AGE. 21 YEARS,, OCC. PRIVATE WORK,
R/O. NABABGAR, ISLAM NAGAR, DANPUR, BUDAUN
STATE OF UTTAR PRADESH- 202522
20. ABDUL KAREEM S/O. ABDULSATTAR GUJJAR,
AGE. 25 YEARS, OCC. BUSINESS,
R/O. NEAR LUCKY HALL, GUDIHAL ROAD 4TH CROSS,,
OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-582104
21. REHAMANSAB S/O. MAHAMMADSAB NADAF,
AGE. 31 YEARS, OCC. PRIVATE SERVICE,
R/O. NEAR LAST BUSSTOP, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
22. KARIMBEG S/O. HUSSAINBAIG JORAMMANAVAR,
AGE. 23 YEARS, OCC. COOLIE,
R/O. SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
23. NAZEER AHMED S/O. ALLABHAKSH BANNUR,
AGE. 36 YEARS, OCC. COOLIE,
R/O. NEAR KASIM DULE MAKAN, SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
24. MOHAMMEDFAROOQ S/O. AHMEDSAB SHIRAHATTI
AGE. 40 YEARS, OCC. COOLIE,
R/O. SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
25. ZUBER S/O. SAYEDIQBAL KALAIGAR,
AGE. 27 YEARS, OCC. WELDING WORK,
R/O. 3RD CROSS JANNAT NAGAR,
TQ. HUBBALLI, DIST. DHARWAD-582104
26. IBRAHIM S/O. ABDULGANISAB ,
AGE. 34 YEARS, OCC. COOLIE,
R/O. OPP. HALE UR HONDADAKERI,
SHIKARIPUR, DIST. SHIMOGGA.
27. MOHAMMAD GOUSE S/O. AYUBSAB HANCHINAL
AGE. 23 YEARS, OCC. AUTO DRIVER,
R/O. ASAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
7
28. KHWAJAMAINUDDIN S/O. SAYED SAB BOUDIWALE,
AGE. 39 YEARS, OCC. COOLIE,
R/O. NEAR GOVERNMENT HOSPITAL,
SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
29. MOHAMMAD GOUSE S/O. SAYED GOUSE BARUDWALE,
AGE. 28 YEARS, OCC. TAILORING,
R/O. NEAR MOSQUE, ASAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
30. DADAHAYAT S/O. ABDUL GAFAR MULLA,
AGE. 35 YEARS, OCC. COOLIE,
R/O. BEHIND AZMIR MOSQUE, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
31. SHUBANALA S/O. MUKTUMSAB NADAF,
AGE. 19 YEARS, OCC. COOLIE,
R/O. HEGGERI, MARUTI NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
32. ZAMEER AHMED S/O. MEHABOOB SAB ANNIGERI,
AGE. 20 YEARS, OCC. COOLIE,
R/O. NEAR MOSQUE, AZMIR NAGAR, NEKAR NAGAR,
OLD HUBBALLI,TQ. HUBBALLI, DIST. DHARWAD-582104
33. ABDULSATTAR S/O. ABDUL LATIF MULLA,
AGE. 37 YEARS, OCC. COOLIE,
R/O. NEAR MOSQUE, AZMIR NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
34. MALIKJAHAN S/O. SHABBIR AHMED RON,
AGE. 19 YEARS, OCC. COOLIE,
R/O. NEAR MOSQUE, SANGAM COLONY, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
35. IMRANSAB S/O. MODDINSAB DHARWAD
AGE. 27 YEARS, OCC. COOLIE,
R/O. NEAR INDI PUMP CIRCLE, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
36. NIYAZAHMED S/O. MOHAMMAD BANADAR,
8
AGE. 27 YEARS, OCC.AUTO DRIVER,
R/O. NEAR MOSQUE, HORAKERI ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
37. SADIQ S/O. MOHAMMAD YUSUF SIDNIKOPPA,
AGE. 27 YEARS, OCC. GLASS FITTING,
R/O. 1ST CROSS, NEAR MOSQUE, ISHWAR NAGAR,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
38. MUJAFFARAHMED S/O. ALLISAB NADAF,
AGE. 19 YEARS, OCC. STUDENT,
R/O. 2ND CROSS, PADADAYYA HAKKAL, KASABAPETH,
TQ. HUBBALLI, DIST. DHARWAD-582104
39. MOHAMAD FAYAZ S/O. SHABIR SUDARJI
AGE. 30 YEARS, OCC. COOLIE,
R/O. MOULALI PLOT, MANTOOR ROAD,
TQ. HUBBALLI, DIST. DHARWAD-582104
40. MOHAMMADFAROOQKHAN S/O. RUSTUMSAB MISHRIKOTI,
AGE. 19 YEARS, OCC. AC REPAIR WORK,
R/O. MANTUR ROAD, MOULALI PLOT, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
41. SAMEER S/O. MOHAMMAD GOUSE BANADAR
AGE. 32 YEARS,, OCC. AUTO DRIVER,
R/O HORAKERI ONI,
TQ. HUBBALLI, DIST. DHARWAD-582104
42. ALTAF S/O. HUSSAINSAB DAREKHAN
AGE. 20 YEARS, OCC. BUSINESS,
R/O. ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
43. IRFAN S/O. SALEEM ABBIGERI,
AGE. 22 YEARS, OCC. AUTO DRIVER,
R/O. NEAR MADINI MOSQUE, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
44. SHAKIR AHMED S/O. MOHAMMAD JAFAR CHUDIGHAR,
AGE. MAJOR, OCC. COOLIE,
R/O. GHODKE PLOT, ANAND NAGAR, OLD HUBBALLI,
9
TQ. HUBBALLI, DIST. DHARWAD-582104
45. RIYAZ AHMED S/O. FAKRUSAB MULLA
AGE. 31 YEARS,, OCC. MECHANIC,
R/O. NEAR WELL COME HALL, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD -582104
46. SARFARAZ S/O. BASHA TARGOL
AGE. 20 YEARS,, OCC. FLOWER VENDOR,
R/O. NEAR MASJID, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
47. MOHAMMED GOUSE S/O. SHABBIR AHMED MAGAMI,
AGE. 31 YEARS,, OCC. TILES WORK,
R/O. GHODKE PLOT, LAST BUS STOP, ANAND NAGAR,
TQ. HUBBALLI, DIST. DHARWAD-582104
48. RIYAZAHMED S/O. HAJRESAB JAKATI
AGE. 42 YEARS,, OCC. KIRANI SHOP,
R/O. 2ND CROSS ISLAMPUR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
49. MUSTAFA S/O. SADIQ MALABAR,
AGE. 24 YEARS,, OCC. ELECTRICAL WORK,
R/O. BEERBAND ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
50. MOHAMMAD RABBANI S/O. FARUK SHAIKH,
AGE. 23 YEARS,, OCC. COOLIE WORK,
R/O. GANESH PETH KULKARNIHAKKAL, 1ST CROSS,HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
51. MOHAMMAD AZARUDDIN S/O. SHAMSHUDDIN JILLERI,
AGE. 35 YEARS,, OCC. COOLIE,
R/O. KULKARNIHAKKAL TABIB LAND, HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
52. SAHIL S/O. ALTAFHUSSAIN GADAG,
AGE. 32 YEARS,, OCC. CCTV SERVICE,
R/O. MATTI ONI, TABIB LAND, HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
53. NIZAMUDDIN S/O. SATTARSAB JADEDEVAR @ MATTUR,
10
AGE. 28 YEARS,, OCC. DRIVER,
R/O. OPP. AVALAKKI FACTORY,
2ND CROSS, GOUSIA TOWN,
HUBBALLI TQ. HUBBALLI, DIST. DHARWAD-582104
54. MOHAMMEDZUBER S/O. NIZAMUDDIN SHAIKH,
AGE. 26 YEARS,, OCC. REAL ESTATE BUSINESS,
R/O. GOUSIA TOWN, ISLAMPUR ROAD, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
55. SHABAZ S/O. ANWARBASHA LASHKAR,
AGE. 19 YEARS,, OCC. CHICKEN SHOP,
R/O. NEAR LAST BUSSTOP, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
56. MAHABOOB S/O. HUSSAINSAB BANKAPUR,
AGE. 26 YEARS,, OCC.MASON,
R/O. NEAR DARGAH SADAR SOFA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
57. ADIL SHAIKH S/O. MUKHTIAR SHAIKH,
AGE. 22 YEARS,, OCC. AUTO DRIVER,
R/O. KALAVIDAR PLOT, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
58. ASHIMPHIR S/O. DIWANSAB BARADIVAN,
AGE. 28 YEARS,, OCC. AUTO DRIVER,
R/O. OPP. DIDDI ONI GARDEN, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
59. ASIF AHMED S/O. KHAJASAB SIDDIKKI,
AGE. 34 YEARS,, OCC. PRIVATE SERVICE,
R/O. BEHIND DOREMON SCHOOL, GHODKE PLOT,
ANAND NAGAR, OLD HUBBALLI,
TQ . HUBBALLI, DIST. DHARWAD-582104
60. HAJIALI S/O. RAJASAB KALAIGAR,
AGE. 37 YEARS,, OCC. EGG RICE VENDOR,
R/O. NEAR TAJ NAGAR, CHANNAKESHAV NAGAR,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
61. WASIM S/O. HAJRESAB GASTEWALE,
11
AGE. 21 YEARS,, OCC. CENTERING WORK,
R/O. REHMAT NAGAR, ANAND NAGAR,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
62. ASHRAF S/O. ADAMSAB DHARWAD
AGE.22 YEARS,, OCC. AUTO DRIVER,
R/O. ASAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
63. AZGARALI S/O. NAWAZKHAN KHAN,
AGE. 28 YEARS,, OCC. FABRICATION WORK,
R/O. SIDDAROODMATH NAGAR,
HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
64. MOHAMMAD SAHIL S/O. FAROOQ BHANGI,
AGE. 20 YEARS,, OCC. DIESEL MECHANIC,
R/O. DEVARAJNAGAR, HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
65. IMTIYAZ S/O. SADIQ BENGALURI,
AGE. 19 YEARS,, OCC. CENTERING WORK,
R/O. NEAR VISHAL NAGAR PETROL BUNK,
TQ. HUBBALLI, DIST. DHARWAD-582104
66. MOHAMMAD FAIROZ S/O. FAROOK BHANGI,
AGE. 18 YEARS,, OCC. STUDENT & COOLIE,
R/O. DEVARAJNAGAR,
HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
67. MOHAMMADGOUSE S/O. ADAKALSABAHMED KITTUR,
AGE. 21 YEARS,, OCC. ALUMINIUM WORK,
R/O. AJMIR NAGAR, NEKAR NAGAR,
OLD HUBBALLI, TQ.HUBBALLI,
DIST. DHARWAD-582104
68. SHANAWAZ S/O. DADAPEER BEPARI,
AGE. 24 YEARS,, OCC. MECHANIC,
R/O. SADAR SOFA, KASIMDULE MAKAN,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
12
69. INAYAT S/O. MUKTIYAR AHMED MULLA,
AGE. 22 YEARS,, OCC. BUSINESS,
R/O. NEAR FATEH SHAH WALI DARGA,
INDI PUMP CIRCLE,
TQ. HUBBALLI, DIST. DHARWAD-582104
.. PETITIONERS
(BY SRI. VISHWANATH S. BICHAGATTI, ADV.,
SRI. S. A. CHAUDHARI, ADV. AND
SRI. I. K. BELAGALI, ADV.)
AND:
STATE OF KARNATAKA,
THROUGH BY OLD HUBLI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
.. RESPONDENT
(BY SRI. V. M. SHEELVANT, SPL. P.P.)
THIS CRIMINAL PETITION NO.101592/2022 IS FILED UNDER
SECTION 439 OF CR.P.C. SEEKING TO ENLARGE THE
PETITIONERS/ACCUSED NOS.8, 36 TO 46, 48, 50 TO 98, 100 TO 106 ON
BAIL ON SUCH TERMS AND CONDITIONS AS DEEMS FIT IN OLD
HUBBALLI,STATION CRIME NO.63/2022 FOR THE OFFENCES PUNISHABLE
UNDER SECTION 307, 120(B), 143, 147, 148, 323, 324, 333, 353, 504,
506, 427 READ WITH 149 OF IPC AND SECTION 3(C)OF PREVENTION OF
DAMAGES TO PUBLIC PROPERTY ACT, 1984 AND 16, 18, 20 OF UAPA ACT
PENDING ON THE FILES OF IV ADDITIONAL CIVIL JUDGE AND JMFC
COURT, HUBBALLI.
IN CRL.P. NO.101595/2022:
BETWEEN:
1. MAHAMMEDSADIQ S/O. NIRSARAHMAD MOMIN
AGE. 23 YEARS, OCC. PRIVATE SERVICE
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI
HUBBALLI-DHARWAD-580002.
2. SHOUKATBASHA S/O. SAYEDSAB MIRJI
13
AGE. 19 YEARS, OCC. PRIVATE SERVICE
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
3. HAJARATALI S/O. MOHAMMED ALI @ MOHAMMED HANIF SHIRUR
AGE. 26 YEARS, OCC. PRIVATE SERVICE,
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
4. MOHAMMEDSHABAZ S/O. MAHAMMEDGOUSE SHAIKH,
AGE. 23 YEARS, OCC. PRIVATE SERVICE,
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
5. TABREJ S/O. BASHA MASANUR
AGE. 25 YEARS, OCC. PRIVATE SERVICE,
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
6. ASIF S/O. RAJESAB NADAF
AGE. 23 YEARS, OCC. GOUNDI WORK,
R/O ANAND NAGAR, GHODKE PLOT,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
7. AZARUDDIN MOHAMMED AZARUDDIN
S/O. MEHABOOBSAB MULLA
AGE. 30 YEARS, OCC. PAINTING WORK,
R/O. 8TH CROSS, ANAND NAGAR,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
8. DADAPEER S/O. IMAMHUSSAIN PEERWALE
AGE. 39 YEARS, OCC. PANSHOP,
R/O ANAND NAGAR,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
9. MOHAMMEDNIZAMUDDIN S/O. MOHAMMEDHANIF DALAL
14
AGE. 22 YEARS, OCC. PRIVATE SERVICE,
R/O ANAND NAGAR,
GHODKE PLOT, OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
10. SOYABALI ALIAS SHAJIDALI S/O. SADIQALI SAYYED
AGE. 22 YEARS, OCC. DRIVER,
R/O NEAR RAZA TOWN SCHOOL,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
11. SHANAWAZ S/O. BUDDANKHAN LAKKADHAR
AGE. 29 YEARS, OCC. PRIVATE SERVICE,
R/O GOUSIYA TOWN,
6TH CROSS, ISLAMPUR ROAD,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
12. ASIF S/O. MAKBULSAB MALAGIMANI
AGE. 20 YEARS, OCC. PRIVATE SERVICE
R/O DEVARAJNAGAR,
ANCHATGERI, TQ. HUBBALLI,
HUBBALLI-DHARWAD-580002.
13. SAYYEDBASHA S/O. AHAMEDALI MAHAMMADALI DHARWAD
AGE. 32 YEARS, OCC. BAR BENDING WORK,
R/O. ISHWARNAGAR,
N.A . NAGAR, 2ND CROSS,
HUBBALLI-DHARWAD-580002.
14. SHANAWAZ S/O. ABDULAHAMEED ATHANI
AGE. 32 YEARS, OCC. CENTERING WORK
R/O. JANNAT NAGAR, 1ST CROSS,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
15. JAILANI S/O. ALLABAX HALADI
AGE. 36 YEARS, OCC. PRIVATE SERVICE,
R/O. N A NAGAR, 1ST CROSS,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
16. NIJAMUDDIN S/O. HUSSAINSAB MANIYAR
15
AGE. 38 YEARS, OCC. PRIVATE SECTOR,
R/O. YELLAPUR ONI, PATIL GALLI,
HUBBALLI-DHARWAD-580002.
17. IMAMJAFAR S/O. RAJESAB KOLAR
AGE. 33 YEARS, OCC. PRIVATE WORK,
R/O. VISHAL NAGAR,
2ND CROSS, OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
18. MALIKRIHAN S/O. SIKANDAR SHAIKH
AGE. 19 YEARS, OCC. PRIVATE SECTOR,
R/O. SIMLA NAGAR, OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
19. MOHAMMED IRFAN @ MOHAMMED IQBAL
S/O. MEHABOOBSAB SANDALWALE
AGE. 37 YEARS, OCC. PRIVATE SECTOR,
R/O. N.A NAGAR, ISLAMPUR ROAD,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
20. IRFAN S/O. NOORAHMED NALWATTWAD
AGE. 33 YEARS, OCC. PRIVATE SERVICE
R/O. GOUSIYA TOWN, ISLAMPUR ROAD,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
21. MAHAMMADIRFAN S/O. MEHABOOBSAB GULEGUDDA
AGE. 39 YEARS, OCC. BUSINESS,
R/O. UKT HILLS, GUDIHAL ROAD,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
22. IQBAL S/O. MOHAMMEDGOUSE TADAPATRI
AGE. 25 YEARS, OCC. CENTERING WORK,
R/O. NEW ANAND NAGAR,
NEAR MASJID, OLD HUBBALLI,,
HUBBALLI-DHARWAD-580002.
23. IRFAN S/O. MOHAMMEDRAFIQ
@ MOHAMMED HANEEF TADPATRI,
AGE. 34 YEARS, OCC. CENTERING WORK,
16
R/O. JANNAT NAGAR, NEW ANAND NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
24. DAWALMALIK S/O. HUSSAINSAB DAREKHAN
AGE. 27 YEARS, OCC. VEGETABLE WORK
R/O. NEW ANAN NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
25. ZAMEER S/O. HAZARESAB DHARWAD
AGE. 22 YEARS, OCC. CENTERING WORK,
R/O. MURUSAVIRAMUTT COMPOUND.
KAMARIPETH, NEAR MASJID,
HUBBALLI-DHARWAD-580002.
26. SAMEER S/O. RAFIQ HARIHAR ALIAS HARIYAL
AGE. 22 YEARS, OCC. TILES WORK,
R/O. TIPPU NAGAR,
NEAR HANUMAN TEMPLE,
BANATIKATTA, OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
27. MOHAMMEDSULTAN S/O. NASIRALI RANGREZ
@ RANGRES
AGE. 22 YEARS, OCC. PRIVATE WORK,
R/O. MANTUR ROAD, GANDHI EKATA COLONY,
1ST CROSS, BYALI PLOT,
HUBBALLI-DHARWAD-580002.
28. KWAJAMAINUDDIN S/O. MAHAMMEDSALIM
MUDDEBIHAL ,
AGE. 24 YEARS, OCC. PRIVATE WORK,
R/O. AHAMATNAGAR, 1ST CROSS,
MANTUR ROAD, AMBEDKAR COLONY,
HUBBALLI-DHARWAD-580002.
29. AZARUDDIN S/O. RIYAZAHMED HIDASHA
AGE. 27 YEARS, OCC. CENTERING WORK,
R/O. SHIVAPUTRANAGAR,
1ST CROSS, OLD-HUBBALLI
17
HUBBALLI-DHARWAD-580002.
.. PETITIONERS
(BY SRI. C. H. JADHAV, SR. COUNSEL FOR
SRI. SADIQ N. GOODWALA, ADV.)
AND:
THE STATE OF KARNATAKA,
THROUGH OLD HUBBALLI,POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENCH DHARWAD.
.. RESPONDENT
(BY SRI. V. M. SHEELVANT, SPL. P.P.)
THIS CRIMINAL PETITION NO. 101595/2022 IS FILED UNDER
SECTION 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE ABOVE
PETITIONERS, IN OLD HUBBALLI,POLICE STATION CRIME NO. 63/2022
DATED 16.04.2022 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTION 307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427 READ
WITH SECTION 149 OF IPC AND SECTION 3(C) PREVENTION OF
DAMAGES TO PUBLIC PROPERTY ACT, 1984 AND SECTIONS 16, 18 AND
20 OF UAPA ACT.
IN CRL.P.NO.101597/2022
BETWEEN
1 . SHAMASHUDDIN S/O MODEENSAB
JAMADAR, AGE . 25 YEARS,
OCC . COOLIE, R/O . ANANDNAGAR,
NEAR JANDA KATTA OLD HUBBALLI.
HUBBALLI-580024
2 . HAIDARSAB S/O DAVALSAB
DAVALABAYI,
AGE .41 YEARS,
OCC . CENTERING WORK
R/O . GOPANKOPPA
MASIDI ONI,
HUBBALLI
3 . RAJESAB S/O ALLABHAKSH KIRDI
18
AGE . 26 YEARS,
OCC . PLUMBER
R/O . GOPANKOPPA
MASIDI ONI,
HUBBALLI
4 . MAHAMMADSALIM S/O ABDULGAFAR VADDO
AGE . 30 YEARS,
OCC . RUNNING SUGARCANE JUICE CENTRE
R/O . GOULIGALLI, OLD HUBBALLI
HUBBALLI-580024
5 . NIYAJ S/O NOORAHAMMAD SHAIKSANADI
AGE . 20 YEARS, OCC . STUDENT
R/O . NEAR BUS STOP, 2ND CROSS,
ARAVINDNAGAR, OLD HUBBALLI.
6 . MABULI S/O SAIYADASAB MADAGAVI
AGE . 26 YEARS, OCC . AUTO DRIVER
R/O . ANANDNAGAR,
OLD HUBBALLI, HUBBALLI-580024
7 . MUHAMMED ZUBER S/O HAFIJMAHAMMAD USMANANOORI,
AGE . 27 YEARS,
OCC . SUPERVISING, R/O . H. NO.18,
RAZA TOWN, ISLAMPUR ROAD,
OLD HUBBALLI, HUBBALLI-580024
8 . MAHAMMAD AFREEDI S/O MAHAMMAD ISMAIL BEEDIWALE,
AGE . 22 YEARS,
OCC . STUDENT, R/O . GANESH HOTEL,
BEHIND SUBHASNAGAR, OLD HUBBALLI
HUBBALLI-580024
9 . MAHAMMAD ALIAS SADIQ S/O LALASAB BANGADIVALE,
AGE . 29 YEARS, OCC . AUTO DIRVER
R/O . ANANDNAGAR,
NEAR MASJID, OLD HUBBALLI,
HUBBALLI-580024
10 . IFTIKARALI ALIAS IFTIKAR ALAM
S/O MUNEERAHAMED MULLA
AGE . 26 YEARS, OCC . PAN SHOP
19
R/O . NEAR TIPPU SHAHID COLLEGE
GUDIYAL ROAD, 1ST BUS STOP,
ANANDNAGAR, OLD HUBBALLI,
HUBBALLI-580024
11 . MOULKHAN ALIAS MOULAKHAN
S/O MARDHANKHAN BILLUNAVAR
AGE . 25 YEARS, OCC . TAILOR
R/O . BYAHATTI PLOT, BASAVNAGAR
OLD HUBBALLI, HUBBALLI-580024
12 . JUNAIDBASHA S/O ANVARBASHA UDAGANI
AGE . 19 YEARS, OCC . STUDENT
R/O . ANANDNAGAR, LAST BUS STOP,
OLD HUBBALLI, HUBBALLI-580024
13 . SALAVUDDIN S/O DADAPEER KARNUL
AGE . 21YEARS, OCC . CENTERING WORK
R/O . ANANDNAGAR, NEAR JANDEGATTI
OLD HUBBALLI, HUBBALLI-580024
14 . SADDAMHUSEN S/O SAIYADSAB BANNUR
AGE . 27 YEARS, OCC . DRIVER
R/O . MILLAT NAGAR, AROODNAGAR 2ND CROSS,
OLD HUBBALLI, HUBBALLI-580024
15 . SARFARAZ S/O MOHAMMED RAFIQ BERAKDAR,
AGE. 25 YEARS, OCC. TILES FITTING,
R/O. NEAR MADNI MASJID ANANDNAGAR
OLD HUBBALLI, HUBBALLI-580024
16 . SHOUKTALI S/O MUSTAKALI KHAJI
AGE . 25 YEARS, OCC . TILES FITTING
R/O . ANANDNAGAR, 1ST BUS STOP,
NEAR KITTUR KIRANI SHOP, OLD HUBBALLI,
HUBBALLI-580024
17 . JAKEERHUSEN S/O MAHAMMADSAB DHARWAD
DHARWAD, AGE . 26 YEARS,
OCC . CENTERING WORK
R/O . ANANDNAGAR, NEAR MADNI MASIDI,
OLD HUBBALLI, HUBBALLI-580024
20
18 . MAINUDDIN S/O HUSAINSAB DAREKHAN
AGE . 26 YEARS, OCC . VEGATABLE MERCHANT
R/O . ANANDNAGAR, BEHIND CHURCH,
OLD HUBBALLI, HUBBALLI-580024
19 . MAHAMMAD UMAR S/O BHASHA BALLARI
AGE . 27 YEARS, OCC . FABRICATION
R/O . SANGAM COLONY,
GURUNATHA NAGAR, ANANDNAGAR ROAD,
OLD HUBBALLI, HUBBALLI-580024
20 . THOUFIQ S/O MODINSAB IRAKAL
AGE . 20 YEARS, OCC . CHICKEN SHOP
R/O . DIVATAGI ONI, CHANNAPET,
OLD HUBBALLI,HUBBALLI-580024
21 . MOHAMMAD ZUBER ALIAS ABBU
S/O SHOUTAQALI BIJAPUR
AGE . 23 YEARS, OCC . ELECTRIC WORK
R/O . BEERABAND ONI, OLD HUBBALLI,
HUBBALLI-580024
22 . TOUFIQ S/O MUSTAK MUZAWAR,
AGE. 22 YEARS, OCC. TILES WORK,
R/O. ASAR HONDA, MAIN ROAD,
OLD HUBBALLI, HUBBALLI-580024
23 . MOULALI S/O HUSENSAB DEVADURGA
ALIAS NADAF, AGE . 26 YEARS,
OCC .R/O . ESHAWAR NAGAR, 15TH CROSS,
OLD HUBBALLI, HUBBALLI-580024
...PETITIONERS
(By Sri. A A PATHAN AND SRI. AMIRKHAN A. PATHAN, ADVS.)
AND
THE STATE OF KARNATAKA
(THROUGH OLD HUBBALLI POLICE STATION
HUBBALLI) R/BY H.C.G.P. HIGH COURT BUILDING
BENCH, DHARWAD
.. RESPONDENT
(By Sri. V.M. SHEELAVANT, SPL. PP )
21
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT BAIL TO THE ABOVE PETITIONERS IN OLD HUBBALLI
POLICE STATION CRIME NO.63/2022 DATED 16.04.2022, ACCUSED NO.
107 TO 131 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION
307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427 R/W SEC. 149 OF
IPC AND SECTION 3(c) PREVENTION OF DAMAGES TO PUBLIC PROPERTY
ACT, 1984, AND SECTION 16, 18 AND 20 OF UAPA ACT PENDING BEFORE
THE IV ADDL. CIVIL JUDGE AND JMFC COURT HUBBALLI.
IN CRL.P.NO.101632/2022
BETWEEN
DADAPEER S/O ABDULKHADAR BETAGERI
AGE. 38 YEARS,
OCC. PRIVATE SERVICE (MECHANIC)
R/O. NOORANI PLOT, OLD HUBBALLI
HUBBALLI, DIST. DHARWAD
..PETITIONER
(By Sri. VIJAY S CHINIWAR, SRI. B.R. MOHAMMADANAVAR AND
SRI. I.B. MULLANAVAR, ADVS.)
AND
THE STATE OF KARNATAKA
THROUGH OLD HUBBALLI POLICE STATION,
HUBBALLI SOUTH SUB-DIVISION
DIST. DHARWAD
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA BENCH,
AT. DHARWAD
.. RESPONDENT
(By Sri. V.M. SHEELAVANT, SPL. PP )
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO ALLOW THE PETITION BY ENLARGING THE PETITIONER ON
BAIL IN THE CRIME NO.63/2022 OF OLD HUBBALLI POLICE STATION,
REGISTERED FOR OFFENCES UNDER SECTION U/SEC. 307, 143, 147,
148, 323, 324, 333, 353, 504, 506, 427, R/W-149, OF IPC AND
U/SEC.3(c) OF PREVENTION OF DAMAGE OF PUBLIC PROPERTY ACT 1984
AND SECTION 16, 18, AND SECTION 20 OF UNLAWFUL ACTIVITIES
(PREVENTION) ACT 1967, PENDING ON THE FILE OF IV ADDL. CIVIL
JUDGE AND JMFC HUBBALLI, AT HUBBALLI.
22
IN CRL.P.NO.101683/2022
BETWEEN
1 . MOHAMMEDARIF S/O BUDENSAB NAGRAL ALIAS RAZVI
AGE.30 YEARS, OCC.CLOTH BUSINESS,
R/O.BEHIND TIPU SAHEED COLLEGE,
SIMLANAGAR, OLD-HUBBALLI,
DIST.DHARWAD
2 . MAKTUM S/O MOHAMMEDGOUSE NALBAND
AGE.28 YEARS, OCC.MASON,
R/O.BAPUJI COLONY,
NEAR OSIA CHURCH HUBBALLI,
DIST.DHARWAD.
3 . SIKANDAR S/O KHASSIMSAB MAKANADAR
AGE.32 YEARS, OCC. PAINTER
R/O.MAYURNAGAR,
ANANDNAGAR, OLD-HUBBALLI,
HUBBALLI, DIST.DHARWAD.
4 . SHABBIR S/O AFROZ BANGALORE
AGE. 36 YEARS, OCC.WELDING WORK,
R/O.NEAR BUS STOP, 2ND CROSS,
ANANDNAGAR, OLD-HUBBALLI, HUBBALLI,
DIST.DHARWAD
5 . TAJUDDIN S/O ABDULRAHIMAN BELLARY
AGE. 32 YEARS, OCC.MANSON,
R/O.AMBEDKAR COLONY,
ANANDNAGAR,OLD-HUBBALLI, HUBBALLI,
DIST.DHARWAD
6 . SIKANDAR S/O RAJESAB RONAD
AGE.36 YEARS, OCC.TILES WORK,
R/O .LAST BUS STOP, ANANDNAGAR,
OLD-HUBBALLI, HUBBALLI,
DIST.DHARWAD
7 . RIYAZ AHMED S/O FAKRASAB ALIAS ABDULSAB MULLA
AGE.31 YEARS, OCC.MECHANIC,
R/O.NEAR WELCOME HALL,
ANANDNAGAR, OLD-HUBBALLI, HUBBALLI,
23
DIST.DHARWAD
8 . SARFRAZ S/O BASHA TARGOL
AGE.20 YEARS, OCC. FLOWER BUSINESS,
R/O.NEAR MOSQUE, ANANDNAGAR, OLD-HUBBALLI,
HUBBALLI, DIST-DHARWAD
9 . MOHAMMEDGOUSE S/O SHABBIRAHMED MAGAMI
AGE.31 YEARS, OCC.TILES WORK,
R/O.GHODKE PLOT,NEAR LAST BUS STOP,
ANANDNAGAR, OLD-HUBBALLI,
HUBBALLI, DIST-DHARWAD
10 . TUFAILAHMED S/O SAYEDGOUSE MULLA
AGE.38 YEARS, OCC.BUSINESS,
R/O. MULLA ONI, KAMARIPETH, HUBBALLI DIST.DHARWAD
V.O.DTD.14.06.2022 IN CRL.P.NO. 101683/2022 PETITIONER NO.10
IS DISMISSED AS NOT PRESSED
11 . ABDULMALIK
S/O ABDULSHUKKUR ALIAS ABDULLASIKAR BEPARI
AGE. 35 YEARS, OCC. PRIVATE WORK,
R/O. HARISHCHANDA COLONY,
MANTUR ROAD, HUBBALLI DIST.DHARWAD
12 . WASIM AKRAM S/O TAFAZULKHAN HAKEEM ALIAS PATHAN
AGE.35 YEARS, OCC. PRIVATE WORK
R/O. MILLATNAGAR, MANTUR ROAD,
OLD HUBBALLI DIST.DHARWAD
V.O.DTD.14.06.2022 IN CRL.P.NO.101683/2022 PETITIONER NO. 12
IS DISMMISED AS NOT PRESSED.
13 . BASHASAB S/O ABDULSHUKUR BEPARI
AGE. 50 YEARS, OCC. BALLON
DECORATION
R/O. KASTURBAI NAGAR, MANTUR ROAD,
HUBBALLI DIST.DHARWAD
14 . GOUSEMOHDIN S/O MIRANSAB MUNAVALLI
AGE.20 YEARS, OCC.TAILOR,
R/O.DIDDI ONI, NEAR KONNUR
HOSPITAL, OLD-HUBBALLI,
HUBBALLI, DIST.DHARWAD
24
15 . GOUSE S/O GAFFARSAB SOUDAGAR
AGE.35 YEARS,
OC.TRUCK DRIVER,
R/O NEAR MADANI MASJID,
ANANDNAGAR, OLD-HUBBALLI,
DIST.DHARWAD
...PETITIONERS
(By Sri. SADIQ N GOODWALA, ADV.)
AND
THE STATE OF KARNATAKA
THROUGH OLD HUBBALLI POLICE
STATION HUBBALLI
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING BENCH, DHARWAD
..RESPONDENT
(By Sri. V.M. SHEELAVAT, SP. PP )
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT BAIL TO THE ABOVE PETITIONERS, IN OLD
HUBBALLI POLICE STATION CRIME NO.63/2022 DATED. 16.04.2022, FOR
THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 307, 143, 147,
148, 323, 324, 333, 353, 504, 506, 427 R/W SECTION 149 OF IPC AND
SECTION 3(c) PREVENTION OF DAMAGES TO PUBLIC PROPERTY ACT,
1984, AND SECTION 16, 18 AND 20 OF UAPA ACT.
IN CRL.P.NO.101735/2022
BETWEEN
WASIM AKRAM S/O TAFAZULKHAN
HAKEEM ALIAS PATHAN,
AGE.35 YEARS, OCC.PRIVATE WORK,
R/AT.MILLATNAGAR, MANTUR ROAD,
HUBBALLI-580023, DIST.DHARWAD.
...PETITIONER
(By Sri. NEEL P PATEL, ADV.)
AND
THE STATE OF KARNATAKA
OLD HUBBALLI POLICE STATION
25
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF
KARNATAKA, DHARWAD BENCH,
AT.DHARWAD
..RESPONDENT
(By Sri. V.M. SHEELAVANT, SPL. PP )
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT BAIL TO THE ABOVE ACCUSED NO. 138/PETITIONER
AS ATTACHED IN OLD HUBBALLI POLICE STATION CRIME NO. 0063/2022
PENDING BEFORE THE 4TH ADDITIONAL CIVIL JUDGE AND J.M.F.C. (JR.
DV), AT. HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTION
U/SEC. 307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427, 149 OF
INDIAN PENAL CODE AND 3(C) OF PREVENTION OF DAMAGE TO PUBLIC
PROPERTY ACT 1984 AND SEC. 16, 18 AND 20 OF UNLAWFUL ACTIVITIES
(PREVENTION) ACT.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDER ON 21.06.2022 AND COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These petitions are filed by the petitioners/accused under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity) for granting bail in Crime No.63/2022 registered by the Old Hubballi Police for the offences punishable under Sections 307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427 and 149 of IPC and Sections 3(c) of Prevention of Damage of Public Properties Act, 1984 (hereinafter referred to as 'PDPP Act', for short) and subsequently invoked Sections 16, 18 and 26 20 of the Unlawful Activities (Prevention) Act, 1967(hereinafter referred to as 'UA(P) Act', for short).
2. Heard Sri. C.H. Jadhav, learned senior counsel, Sri. Sadiq N. Goodwala, Sri. Vishwanath S. Bichagatti, Sri.D.L. Ladkhan, Sri. Neel P. Patel, Sri. A.A. Pathan and Sri. Vijay S. Chiniwar, learned counsel for the petitioners and Sri.V.M.Sheelavant, Special Public Prosecutor for the respondent/State.
3. The case of the prosecution is that, it is alleged by the complainant one J.B. Kalappanavar-CHC-1328 in his complaint filed before the SHO on 16.04.2022 alleging that the complainant and his colleague were to attend night patrolling duty. Therefore, he came to the police station at 9:30 pm. As Police Constable-3159 did not come within the time, he was forced to stay back in the police station. The complainant waited for the said police constable for going to patrolling duty. Therefore, by informing the SHO about they going for patrolling duty and when they were going out of the police station at about 10:30 pm, a person namely Mohammed son of Azar Beleri and 5 to 6 persons came to the police station with regard to matter of one Abhishek Hiremath who is stated to have 27 posted blasphemous and derogatory posts against their religion on WhatsApp status, while questioning, some of the miscreants, 100 to 150 persons, gathered and started assaulting the complainant and also Police Sub-Inspector and others by pelting stones and stick in spite of intimating them that they(police) have already registered a case and would take action against the said person but in spite of the same, the mob along with the said accused abused the police in filthy language and threatened with dire consequences. In spite of their requests that they will take action and requested to disburse, all of them abused the police in filthy language and brutally assaulted the police and also damaged the vehicles and other public property. On the basis of the complaint, the police registered a case in Crime No.63/2022 for the foresaid offences. The police arrested some of the accused persons and on the voluntary statement as well as confirming the identity of the accused persons through CCTV camera. They have been produced before the Court and remanded to the judicial custody. During the pendnecy of the investigation, the police invoked the provisions of UA(P) Act as the accused persons formed unlawful assembly and also group of persons attacked the police Station. They also stated to have 28 thrown slippers and pelted stones on the police station. The bail petition filed by the petitioners are rejected by the learned Sessions Judge. Hence, they are before this Court.
4. Learned senior counsel Sri. C.H. Jadhav appearing for the counsel for the petitioner in Crl.P.No.101595/2022 has strenuously contended that the names of the other accused persons are not found in the FIR and complaint but it was mentioned as 100-150 persons came and pelted stones. There is no specific overt act attributed against any of the accused persons. Only 10 accused persons names were mentioned in the complaint and FIR. The injuries sustained by the police are internal injuries. There are no external injures, even otherwise, the injuries are below the knee. Therefore, the offence alleged under Sections 307, 353 and 333 of IPC are not attracted. The police purposely inserted Section 307 of IPC in order to curtail the petitioners from getting bail. Most of the accused persons are arrested only on the basis of voluntary statement of the co-accused persons. The police arrested the accused persons without any basis. All are unknown persons as per the complaint. Identity of these petitioners are doubtful as the 29 incident took place in the night hours. The complainant also sustained only simple injuries. There is no case to presume prima facie case against the accused persons. All are poor persons who do not have any bad antecedents. Learned senior counsel further contended that 7 accused persons are granted bail by the Sessions Court and therefore, these petitioners are entitled for bail on the ground of parity. Even otherwise, from the CCTV footage, it cannot be possible to identify thousands of people. Hence, the provisions of UA(P) Act is not applicable to the accused. Even reading of the provisions of UA(P) Act, it will not attract against any of the petitioners. Under Section 13 of the UA(P) Act, the punishment prescribed is maximum 7 years. No deadly weapons are used. Learned senior counsel further contended, generally, the National Investigating Agency will not take investigation in view of UA(P) Act as it is a schedule offence. Though there is no bar to investigate the matter by the local police but nothing has been done. Investigation is almost complete except filing charge sheet. Absolutely there is no recovery from any of the petitioners. Accused Nos.29 and 30 are suffering from liver disease. Hence, prayed for granting bail.
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5. Learned senior counsel has also relied on the following judgments of the Co-ordinate Bench of this Court:
a. Crl.P.No.100073/2022 c/w Crl.P.No.100068/2022.
b. Crl.A. No.1318/2020.
c. Thwaha Fasal v. Union of India, (2021 SCC online SC 1000).
6. Learned counsel Sri. Bichagatti appearing for the petitioners in Crl.P.No.101592/2022 contended that adjacent to the police station there is a historical mosque and it was Ramzan month where the Mohammedans people used to go to mosque for prayers. The police station is situated in a circle connecting 7 roads. Taking advantage of the people coming out from the mosque, the police indiscriminately arrested and falsely implicated them. The counsel further adopts the arguments of the learned senior counsel and prayed for granting bail.
7. Learned counsel Sri. A.A. Pathan appearing for the petitioners in Crl.P. No.101597/2022 also argued on the same line as argued by the learned Senior Counsel and contended that the petitioners are the permanent residents of Hubballi and some of the 31 petitioners/accused Nos.5, 8 and 12 are students. If they are not granted bail, their future will be spoiled. Hence, prayed for granting bail.
8. Learned Counsel Sri. Vijay S. Chiniwar appearing for the petitioner in Crl.P.No.101632/2022 also adopted the arguments of the learned senior counsel and contended that petitioner No.16 is innocent of the alleged offence. His name is not found in the FIR and there is no recovery. Hence prayed for granting bail.
9. Learned counsel Sri. D.L. Ladkhan appearing for the petitioners in Crl.P.No.101638/2022 also adopted the arguments of the learned senior counsel and in addition to that it is further contended that the petitioners are petty business people. They are the bread earners of the family. They are residents of nearby area of the same police station and contended that the offence is not punishable with death or imprisonment for life and the minimum punishment prescribed is 5 years and maximum 7 years. There is no specific averments made against these petitioners. What is the damage caused to the property or its value is not mentioned. Only to take political advantage, they have falsely implicated these 32 innocent people only for the purpose of statistical data. The Sessions Court granted bail to 7 accused persons and contended that Principle of innocence is rule and keeping them in jail is a pre- trial punishment. It is further contended that there is no notification produced by the respondent in order to invoke the provisions of UA(P) Act. Deliberately, the police invoked UA(P) Act to stop releasing the petitioners on bail. The police have also not obtained any permission from the Magistrate for invoking UA(P) Act. Therefore, prayed for granting bail.
10. Learned counsel Sri.Sadiq N. Goodwala appearing for the petitioners in Crl.P.No.101683/2022 also adopted the arguments of the learned counsel in the above said petitions.
11. Learned counsel Sri.Neel P. Patel appearing for the petitioner in Crl.P.No.101735/2022 also argued on the similar point as argued by Sri. Vishwanath Bichagatti and submits that accused No.74 is a B.Com student and prayed for granting bail.
12. Per contra, Sri. V.M. Sheelavant, learned Special Public Prosecutor appearing for the respondent/State has objected the bail petitions and contended that it is not in dispute the incident took 33 place in front of the police station. The petitioners assaulted the police and also damaged the properties including the vehicles, post office, temples and 12 police vehicles and 7 police officials sustaining injuries which clearly goes to show that the petitioners came with an ulterior motive to attack the police station under the guise of enquiring about the WhatsApp status by some person. In spite of the police informing them that they have registered the case and they will investigate the matter but the accused persons started pelting stones and thrown slippers on the police station and assaulted the police officials. All the accused persons were arrested by the police after confirming their identity through CCTV footage. The police have not arrested a single person based on the voluntary statement except on valid evidence. They went on agitation against the police. If one of the petitioners is the victim of certain offence, there is no necessity for attacking the police station. They could have approached the Court for taking further action. Without doing so, attacking the police station, damaging the police station, causing injury to the police which would clearly attract the provisions of UA(P) Act. They assembled as a gang and gave threat to the police which categorically attracts the provisions of UA(P) Act 34 and definition of "terrorist gang". He further contended that investigation is under progress. The police have already requested the State Government to accord permission to the National Investigating Agency to investigate the matter. Therefore, at this stage, the petitioners are not entitled for bail. He further contended that mere threat to the police is enough to attract Section 16 of UA(P) Act. More than 100-150 people had gathered after knowing the WhatsApp message and they have also sent messages to other accused persons. They came in a gang and attacked the police. The police also arrested the accused who sent the messages and registered a case in Crime No.62/2022. Such being the case, the mob attacking the police station is nothing but waging war against the sovereign of the State. Apart from these cases, there are 11 cases registered against some other accused person for causing damage to the private vehicles, attacking the temple and attacking other persons. Though those accused persons obtained stay order against the investigation, subsequently, it came to be vacated. Some of the accused are granted bail by the learned Sessions Judge only on the ground that they are students. This incident is continuously done against the police and this is the 3rd or 4th 35 incident where group of people attacking the police station and damaging the properties. If it is allowed, India becomes another Taliban. It is also like a similar case which occurred in Mangalore where the High Court granted bail and the Hon'ble Supreme Court stayed the order of releasing the accused and later after eight months, bail has been granted. Investigation while under progress mobile phones were seized and the screen shots and shared messages reveals the accused persons came with an ulterior motive to attack the police station. The slippers thrown on the police station were almost a load of lorry which reveals that the accused are taking law into their hands and attacking the police station which cannot be encouraged by granting bail. Therefore, prayed for dismissal of the petitions.
13. Having heard the learned senior counsel and other counsel in the respective petitions and the learned Special Public Prosecutor, perused the records.
14. The case of the prosecution is that the person against whom the case in Crime No.62/2022 registered by the Old Hubballi police is stated to have sent a status in the WhatsApp by 36 derogatory remarks about their community. On this background, accused Nos.1 to 10 and other accused persons came to Old Hubballi police station on 16.04.2022 at 10.30 pm by holding sticks and stones and blamed the police for not taking any action against the person who insulted their religion. The police though stated to have informed that they have already taken action and registered a case and they are making inquiry in that regard but the accused being not satisfied, started quarreling with the police and agitated against them. Thereafter, they called other accused persons through WhatsApp on mobile phones and started assaulting the police officials with an intention not only to commit murder but also caused injuries apart from preventing them from discharging their official duty which also attracts provisions of Sections 353, 332, 307, 143, 148 read with Section 149 of IPC. Apart from that the petitioners have also abused the police officials in filthy language and threatened them with dire consequences which also attracts Section 504 and 506 of IPC. It is also borne out for the records that the accused persons not only directed the police to take action but also demanded the police to handover the said person who sent derogatory statement against Prophet Mohammed and insulted the 37 feelings of Mohammedan people and they, as a group, started pelting stones on the police station and threw slippers on the police station. They also started attacking the police officials and thereby 7 police officials sustained injuries. That apart they also caused damage to the police vehicles and police rifles kept in the police station and on the way there is a temple , they also attacked the temple and destroyed apart from causing damage to the private vehicle which were parked on the road side.
15. By looking to these agitations, quarrel and conduct of attacking the police it reflects the intention of the accused persons in attacking the police but they demanded the police to handover the said person to their hands as they want to punish him. The act of the accused persons clearly reveals that they gave threat to the police and formed an unlawful association with an intention to attack the police is nothing but which attracts definition of 2(a) "association" any combination or body of individuals, 2(l) "terrorist gang" and 2(o) "unlawful activity" of UA(P) Act. That apart, as per Section 15(1) of UA(P) Act which refers, whoever does any act with an intent to threat or likely to threaten the unity, integrity, security 38 or sovereignty of India, is punishable under Section 16 of UA(P) Act. It appears, after not only attacking the police station, the accused damaged the police station, police vehicles, caused injuries to the police official and demanded to hand over the person to them as they want to take action which all establish unlawful activity. This unlawful activity cannot be considered as a single stray incident but it was a regular incident and with a specific intention they gathered to attack the police station. They have not only attacked the police station but they also damaged a nearby Hindu temple. A complaint is also registered against one person namely Abhishek Hiremath in Crime No.62/2022. When that is so, the petitioners should have waited patiently and allowed the police to investigate the matter and to file charge sheet against him. Without doing so, the petitioners went to take the law into their hands. They went to kill that person which is not permissible under law. Of course everybody has a right to live and they follow their own religion which is a right guaranteed under the Constitution of India. But law will not allow any person for taking the law into their hands and try to kill or punish anybody without due process of law. 39
16. That apart, as already stated, it is not a single incident which has occurred where a group of people started attacking the police station in Mangalore and thereafter a similar case at Bangalore occurred at K.G. Halli and D.J. Halli P.S. Limit where police station has been demolished and set fire to the police station apart from damaging and setting fire to the house of a sitting MLA. When this is the intention of this group of people they started repeating not only showing their illegal activities against the State, which is also a warning to the democracy of the country and challenge to the sovereignty of India, otherwise they will take it as granted and attack the police station and cause damage to the temples and other pubic property which is not permissible.
17. Therefore, by looking to the arguments and that the investigation is still pending, all these accused persons are arrested not based upon the voluntary statement of any co-accused but on the basis of their identity through CCTV footage and they actively participated in attacking the police station which are reflected from the case diary produced by the Investigating officer. It is a sensational matter and if the petitioners are granted bail, there is 40 every possibility of they committing similar offence and misusing the liberty is not ruled out. The police have produced copy of the mobile communications, mobile status of the accused persons, sending messages to other accused persons for the purpose of assembling there for attacking the police station. The police have already requested the Dy.SP for seeking permission to investigate the matter by the National Investigating Agency and the same is pending before the State Government. The letter dated 06.05.2022 reveals the same.
18. CCTV photographs are produced which not only reflects the activities or damages and the offence committed but also clearly reveals the identity of the accused persons which are borne out from the photographs and damaging the vehicles. There is prima facie material on record to show that the petitioners/accused have involved in the commission of offence. Apart from that, there are 11 cases registered against some of the accused persons for causing damage to other public property, vehicles, damaging temple etc. Though they are stated to have approached this Court and obtained stay, subsequently, their petitions came to be 41 dismissed. Therefore, the matter requires a detailed investigation and at this stage, the accused cannot be granted bail. The judgments relied by the learned senior counsel cannot be looked into during the course of investigation and the same could be considered after filing of charge sheet.
19. Therefore, pending investigation, in order to bring law and order and to keep the peace and tranquility in the area, I am not inclined to grant bail to any of the accused even though some of the accused are said to be students. Just because they are students, they cannot go against the law and State and it cannot be taken lightly that they have committed a simple offence. Therefore, the argument addressed by the learned senior counsel for the petitioner and other counsel for the petitioners cannot be considered at this stage for the reasons stated above. Therefore, 42 I am of the view that the petitioners cannot be released on bail at this stage. Accordingly, I pass the following order:
The criminal petitions are dismissed.
Sd/-
JUDGE kmv