Karnataka High Court
Sri Mohammed Suhail vs The State Of Karnataka on 16 June, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.5123/2022
BETWEEN:
SRI MOHAMMED SUHAIL
AGED ABOUT 25 YEARS
S/O ABDULLA
R/AT NO.14-76/4
MULLIGUDDE HOUSE
HALEKOTE, ULLAL
MANGALURU TALUK
DAKSHINA KANNADA
DISTRICT-575 020. ... PETITIONER
(BY SRI SACHIN B.S, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ULLAL POLICE STATION
MANGALURU -575020
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU -560001. ... RESPONDENT
(BY SRI H.S.SHANKAR, 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.58/2022 OF ULLAL P.S.,
MANGALURU CITY FOR THE OFFENCES P/U/Ss.341, 504, 506,
2
324, 323, 307 OF IPC, FILED BY THE 7TH JMFC COURT,
MANGALORE CITY, DAKSHINA KANNADA.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner/accused No.1 on bail in the event of his arrest in respect of Crime No.58/2022 registered by Ullal Police Station, Mangaluru City, for the offences punishable under Sections 341, 504, 506, 324, 323, 307 of IPC.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
3. The factual matrix of the case of the prosecution is that on 22.04.2022 at 5:00 p.m, when the victim was talking to autorickshaw driver, this petitioner, who is known to the complainant came and abused him in a filthy language and scolded that he is making defamatory statement outside and suddenly assaulted and took out the knife which was in his pant pocket and stabbed the abdomen and also tried to give blow to 3 the neck and the same is warded off by forwarding the hand, as a result, he has sustained the injury to the abdomen and the autorickshaw person, who was there at the spot took him to the hospital and he left the place saying that, 'he survived today and he is going to take his life'.
4. The learned counsel appearing for the petitioner would submit that there is a mis-identity of the assailants and this petitioner is the resident of Ullal and not Tokkottu. In the FIR, it is mentioned that he is the resident of Tokkottu and this petitioner has not involved in any such incident and he is ready to co-operate with the Investigating Officer and to obey the conditions imposed by this Court.
5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the alleged history of assault is very specific that the stab injury was done by this petitioner and also CT Scan of abdomen was taken and subcutaneous emphysema extending to intra muscular plane injuries were sustained and Exploratory Laprotomy was done to repair sigmoid colon perforation and also the injured was 4 admitted in the hospital for 9 days i.e., from 22.04.2022 to 30.04.2022. This is a petition filed under Section 438 of Cr.P.C., he carried knife along with him and took out the same from the pant pocket and suddenly stabbed. Hence, there is a prima facie case against the petitioner herein.
6. Having heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and on perusal of the material available on record, particularly, the contents of the complaint, wherein, specifically complainant saying that having acquaintance with the petitioner he inflicted injury from the knife, the same was taken out from the pant pocket and caused the stab injury and the history also given that it was a stab injury and the injured was in the hospital for about of 9 days and the injury is also on the vital part. Hence, it is not a fit case to exercise the powers under Section 438 of Cr.P.C., in favour of the petitioner. 5
7. In view of the discussions made above, I pass the following:
ORDER The bail petition is rejected.
Sd/-
JUDGE cp*