Karnataka High Court
Kaleel Basha @ Kaleel vs The State Of Karnataka on 5 February, 2014
Author: R.B Budihal
Bench: R.B Budihal.
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 05TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.577/2014
BETWEEN:
1. Kaleel Basha @ Kaleel
S/o. Sabu Byari,
Age about 32 years,
Azadnagar, Madikeri,
Kodagu District - 571 201.
2. Mohammed Jallel @ Jaleel
S/o. Sabu Byari,
Age about 31 years,
Azadnagar, Madikeri,
Kodagu District - 571 201.
3. M.E. Abdul Latheef @ Latheef,
S/o. Edinabba,
Age about 43 years,
Ukkuda Road,
Azadnagar, Madikeri,
Kodagu District - 571 201. .. PETITIONERS
(By Sri. Mahadeva .R.K, Adv.)
AND:
The State of Karnataka
Represented by the Station House Officer,
Madikeri Town Police Station,
Madikeri District-571 201. .. RESPONDENT
2
(By Sri. K. Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Cr.
No.173/2013 of Madikeri Town P.S., Kodagu, for the
offence P/U/S 143, 147, 148, 323, 324, 506 and 307
r/w 149 of IPC.
This Criminal Petition coming on for orders this
day, the Court made the following:
ORDER
This petition is filed by petitioners-accused Nos.2, 3 and 6 respectively under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 143, 147, 148, 323, 324, 506 and 307 r/w Section 149 of IPC registered in respondent-police station Crime No.173/2013.
2. The brief facts of the prosecution case are that on 22.12.2013 in connection with Madikeri town municipality elections from Madikeri Town Ajadnagar, complainant's uncle's brother Abdul Razad had contested as Congress candidate. In Azadnagar while 3 they were all near the booth standing on the road at about 3.00 p.m. SDP party Mansoor, Khaleel, Jaleel, Latif, Azeez and Numan have formed an unlawful assembly and looking towards Abdul Razak, Mansur said why he is staring at them and that they too have strength and people. At that time Kaleel and Azeez pushed Abdul Razak. When complainant's uncle Jakriya, brother-in-law Ummar Farooq and others went to stop the onslaught, Numan assaulted the complainant with knife on his right rib, right hand elbow and also assaulted uncle Jakriya on his face and Ummar Farooq on his right hand and also kicked the complainant and his supporters. On the basis of the said complaint, a case has been registered against the petitioners and other accused persons.
3. Heard the arguments of the learned counsel appearing for the petitioners and also the learned Government Pleader for the respondent-State. 4
4. Learned counsel for the petitioners during the course of arguments submitted that petitioners 1 and 2 herein have also sustained injuries in the said incident and they have also filed a complaint against the complainant and others in Crime No.174/2013. The petitioners are totally innocent and not involved in the commission of the alleged offences, on the contrary, the complainant and his supporters have assaulted the petitioners herein and caused the injuries for which, complaint is already filed. He has also submitted that the injuries sustained in the alleged incident are simple in nature and the injured are already discharged from the hospital.
5. Learned Government Pleader during the course of his arguments submitted that the offence alleged under Section 307 of IPC is a serious offence and the petitioners have assaulted the complainant and his supporters with knife and caused bleeding injuries and 5 hence, petitioners are not entitled to be granted with bail.
6. I have perused the materials on record. To support the contention that there are case and counter cases, petitioners herein have also filed the complaint against the complainant and his supporters and the copy of the said FIR registered in Crime No.174/2013 is also produced along with the petition. The date of the incident is also the same. The contention of the learned counsel for the petitioners that injured are discharged from the hospital is not disputed by the learned Government Pleader, which shows that life of the injured is out of danger. The offences alleged are also not exclusively punishable with death or imprisonment for life. When it is the contention of the petitioners herein that there are case and counter cases, then it is to be ascertained during the course of trial as to actually who is the aggressor. By looking to the material 6 on record it is seen that it is a fit case to exercise the discretion in favour of the petitioners.
7. Accordingly, petition is allowed. The petitioners-accused Nos.2, 3 and 6 are ordered to be released on bail of the offences punishable under Sections 143, 147, 148, 323, 324, 506 and 307 r/w Section 149 of IPC registered in respondent-police station Crime No.173/2013, subject to the following conditions:
(i) Each petitioner shall execute a personal bond for Rs.50,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court.
(ii) They shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) They shall appear before the concerned Court regularly.
Sd/-
JUDGE bkp