Karnataka High Court
Sri Moosa And Ors vs The State Of Karnataka on 14 January, 2020
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JANUARY, 2020
BEFORE
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.201599/2019
C/W
CRIMINAL PETITION NO.201600/2019
IN CRL.P.201599/2019
Between:
1. Sri Moosa S/o Zakir Arab
Age: 22 years, Occ: Mason
R/o. Baside Shanteshwar College
Tq: Indi, Dist: Vijaypur-586101
2. Sri Saddam S/o Mashyaksab Mulla
Age: 24 years, Occ: Mason
R/o Revapan Maddi, Indi-586101
3. Sri Asif S/o Salim Watchmaker
Age: 25 years, Occ: Mason
R/o Anjuman Galli, Tq: Indi
Dist: Vijaypur-586101
... Petitioners
(By Sri S.S.Mamadapur, Advocate)
And:
The State of Karnataka
Through Indi PS
Crl.P.No.201599/2019
C/w Crl.P.No.201600/2019
2
Rep. by its State Public Prosecutor
Advocate General's Office
High Court Building
Kalaburagi - 585107
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This criminal petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioners on bail in Indi
police Station in Crime No.97/2019 registered for the
offences punishable under Sections 143, 147, 148, 323,
341, 326, 109, 307, 504 read with Section 149 of IPC
pending before the learned Senior Civil Judge and JMFC,
Indi in C.C.No.529/2019.
IN CRL.P.201600/2019
Between:
Sri Jakir S/o Modinsab Arab
Age: 55 years, Occ: Coolie
R/o Near Shanteshwar College
Tq: Indi, Dist: Vijaypur-586101
... Petitioner
(By Sri S.S.Mamadapur, Advocate)
And:
The State of Karnataka
Through Indi PS
Rep. by its State Public Prosecutor
Advocate General's Office
High Court Building
Kalaburagi-585107
... Respondent
Crl.P.No.201599/2019
C/w Crl.P.No.201600/2019
3
(By Sri Mallikarjun Sahukar, 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 Indi PS Crime No.97/2019 registered
for the offences punishable under Sections 143, 147, 148,
323, 341, 326, 109, 307, 504 read with Section 149 of IPC
pending before the learned Senior Civil Judge and JMFC,
Indi, in C.C.No.529/2019.
These petitions are coming on for orders this day,
the Court made the following:
ORDER
The petitioners in Crl.P.No.201599/2019 are accused Nos.1, 4 and 5 who have sought for their enlargement on bail under Section 439 of the Code of Criminal Procedure (hereinafter for brevity referred to as `Cr.P.C.') and the petitioner in Crl.P.No.201600/2019 is accused No.3, who has sought for the relief of anticipatory bail under Section 438 of Cr.P.C. Both the petitions have been filed seeking the relief of bail in Crime No.97/2019 of respondent - Indi Police Station registered for the Crl.P.No.201599/2019 C/w Crl.P.No.201600/2019 4 offences punishable under Sections 143, 147, 148, 323, 341, 326, 109, 307, 504 read with Section 149 of the Indian Penal Code (hereinafter for brevity referred to as `IPC').
2. The summary of the case of the prosecution is that the complainant states that at the request of accused No.1, he had lent him a sum of `50,000/- at the first time and subsequently a sum of `10,000/-, in total amounting to `60,000/-. When repayment of the said amount was demanded by the complainant, on 12.09.2019, the accused asked him to come to a particular place near Degree College at Indi Town and then accused Nos.1, 2 4 and 5 assaulted the complainant. In which assault, they used Talwar (sword) and attempted to cause his death by inflicting grievous injuries upon him. Due to the said assault, he was treated in different hospitals. As such, the Crl.P.No.201599/2019 C/w Crl.P.No.201600/2019 5 complaint came to be registered for the alleged offences.
3. The learned counsel for the petitioners submits that the entire incident is a created story only to harass the petitioners. He further submits that if it is taken as an incident as alleged, still a serious allegation is only as against accused No.2, who assaulted the complainant with sword, but, not with respect to the remaining accused. Even among remaining accused, accused No.3 was admittedly not in the spot and merely because he said to be the father of accused No.1, he also been arrayed as party in the matter. He further submits that seizure of weapon is also doubtful and there is contradiction about its place in the complaint and spot panchanama. He also submits that considering the fact that the investigation has already been completed and charge Crl.P.No.201599/2019 C/w Crl.P.No.201600/2019 6 sheet has been filed, the petitioners deserve to be enlarged on bail.
4. Per contra, learned High Court Government pleader who has filed his statement of objection submits that the allegation levelled against the accused/petitioners are serious in nature. The weapon used in the commission of crime was brought and kept by accused No.1. The complainant has also filed an affidavit stating that he is apprehending the threat by the accused who are rowdy elements. In such a situation, the accused/petitioners do not deserve to be enlarged on bail.
5. The complainant himself is the victim in the case, who claims to be a practicing advocate. In the complaint itself, he has narrated the incident where he has stated that loanee was accused No.1 and he instead of repaying the loan amount, he along with Crl.P.No.201599/2019 C/w Crl.P.No.201600/2019 7 other accused have taken him to a particular place and assaulted him. In which process, it is stated that the sword was used in assaulting the complainant. The charge sheet papers at this stage would go to show that the injured was taken to different hospitals for his treatment and he was noticed of sustaining two injuries on his head and hands, which are grievous in nature. No doubt, the injured is said to have been discharged from the hospital, but, the fact remains that two grievous injuries are said to have inflicted upon him. According to the complainant, due to the blow given with sword, he has sustained grievous injuries on his head and hands. The said statement of the complainant cannot be totally neglected or ignored at this stage. He stated that the blow by using sword was given by one of the accused, but, he has stated in his complaint itself that the said weapon was brought and kept by accused No.1.
Crl.P.No.201599/2019C/w Crl.P.No.201600/2019 8
Thus, a serious offence is alleged against accused No.1. The offence alleged against accused Nos.3 to 5 is that they have only caught hold the hands of the complainant. The accused No.3 is said to the father of accused No.1 and at this stage no serious allegations appears to have been made against accused Nos.3 to 5 and they deserve the relief as sought for, but, not accused No.1.
6. However, the apprehension of the prosecution about any threat by the accused can be checked by imposing reasonable conditions. Accordingly, I pass the following:
ORDER Criminal Petition No.201599/2019 is allowed in part and the petition of accused No.1 - Moosa S/o Zakir Arab stands dismissed. The petitioners No.2 and 3 in this petition, namely Saddam S/o Mashyaksab Mulla and Asif S/o Salim Watchmaker, be enlarged on bail in Crl.P.No.201599/2019 C/w Crl.P.No.201600/2019 9 Crime No.97/2019 of Indi Police Station, Vijayapur, pending in C.C.No.259/2019, on the file of learned Senior Civil Judge and JMFC, Indi, for the offences punishable under Section 143, 147, 148, 323, 341, 326, 109, 307, 504 read with Section 149 of IPC, subject to the following conditions:
i) That each of those two petitioners shall execute a personal bond for sum of `50,000/- with two local solvent sureties for the likesum to the satisfaction of the enlarging authority/Court.
ii) They shall appear before the Court on all the dates of hearing.
iii) They shall not hamper or tamper the prosecution witnesses and documents in any manner or commit any criminal act against the complainant.
iv) The petitioners to give in writing about the change in their address, if any, to the Crl.P.No.201599/2019 C/w Crl.P.No.201600/2019 10 Investigating Officer as and when such change occurs and obtain acknowledgement in that regard.
Criminal Petition No.201600/2019 stands allowed. In case the complainant-police apprehends the petitioner, namely, Jakir S/o Modinsab, in Crime No.97/2019 of Indi Police Station, Vijayapur, pending in C.C.No.529/2019, on the file of learned Senior Civil Judge and JMFC, Indi, for the offences punishable under Section 143, 147, 148, 323, 341, 326, 109, 307, 504 read with Section 149 of IPC, he be enlarged on bail, subject to the conditions:
i) That the petitioner shall execute a personal bond for sum of `50,000/- with two local solvent sureties for the likesum to the satisfaction of the enlarging authority/Court.
Crl.P.No.201599/2019 C/w Crl.P.No.201600/2019 11 ii) The petitioner shall appear before the Court where the Case is pending,
voluntarily within ten days from today and continue to appear before the Court on all the dates of hearing.
iii) The petitioner shall not hamper and tamper the prosecution witnesses in any manner or commit any criminal act against the complainant.
iv) The petitioner shall keep informing the Investigating Officer, as well the Special Court in writing about the changes in his addresses, if any, and obtain an acknowledgement in that regard.
Sd/-
JUDGE Srt