Afsar Khan @ Appi vs State Of Karnataka on 8 March, 2013

[Cites 11, Cited by 0]

Karnataka High Court

Afsar Khan @ Appi vs State Of Karnataka on 8 March, 2013

Bench: K.Sreedhar Rao

                            1



 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 8th DAY OF MARCH 2013

                         BEFORE

       THE HON'BLE MR.JUSTICE K.SREEDHAR RAO

          CRIMINAL PETITION NO.1125 OF 2013

BETWEEN:

AFSAR KHAN @ APPI
S/O RIYAZULLA KHAN
AGE: 26 YEARS
R/A NO.2, 2ND CROSS
9TH MAIN, YARABNAGAR
BANASHANKARI II STAGE
BANGALORE - 560 070                      ... PETITIONER

(BY SRI.MANJUNATH G., ADV. FOR HASHMATH PASHA, SR.
ADV.)

AND:

STATE OF KARNATAKA
BY BANASHANKARI POLICE STATION
BANGALORE - 560 070
(REP BY LEARNED STATE
PUBLIC PROSECUTOR)                     ... RESPONDENT

(BY SRI.S.DORERAJU, SPP)
                            ---

     This Criminal Petition is filed under Section 439 and
167(2) of Cr.P.C. to release the petitioner on bail in
Cr.No.367/2012       of   Banashankari    Police   Station,
Bangalore city, for the offences punishable under Sections
143, 144, 147, 148, 149, 399, 402, 307 and 353 of IPC.
                                  2



     This Petition coming on for Orders this day, the
Court made the following:-

                          ORDER

The case of the prosecution discloses that the Police Sub-Inspector of Banashankari police station receives a credible information that the accused persons are preparing to commit dacoity and he along with his staff went to the scene. The petitioner is accused No.1. Accused persons got enraged by the police persons, abused the PSI and a sword is hurdled against the PSI. The PSI, in order to avoid, bent and got himself hurt. The case is registered against the petitioner for committing an offence punishable under Sections 143, 144, 147, 148, 149, 399, 402, 307 and 353 of IPC.

2. The accused had made an application for grant of bail under Section 167(2) of Cr.P.C. on the ground that the charge sheet is not filed within 60 days. The accused has been arrested on 20.12.2012. The charge sheet is filed on 20.2.2013. It is the contention of the learned 3 counsel for the petitioner that the offence under Section 307 is punishable with imprisonment for a period extendable upto 10 years and therefore, the charge sheet has to be filed within a period of 60 days. It is also submitted that the petitioner has not hurt the injured complainant. Therefore, he cannot be held liable for causing hurt in the course of attempt to cause murder. The contention urged is untenable.

3. The PSI has sustained hurt and such an offence would be punishable with imprisonment for life, triable by sessions. Therefore, the period of completing the investigation and filing of report is 90 days and final report is filed within 90 days. Therefore the claim for statutory bail under Section 167(2) of Cr.P.C. is untenable.

Hence, petition is dismissed.

Sd/-

JUDGE RV

Unlock Advanced Research with PRISMAI

Karnataka High Court