Karnataka High Court
Mohammed Alias Mahamad Salim Kareem Sab vs The State Of Karnataka on 14 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103936 of 2022
C/W CRL.P No. 103935 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103936 OF 2022 (438-)
C/W
CRIMINAL PETITION NO. 103935 OF 2022
IN CRL. P.NO.103936/2022
BETWEEN:
1. ASLAM SHAIK AHMED ALIAS MOHAMMEDGOUSE
SHAIK S/O AHAMMEDSAB
AGED ABOUT 27 YEARS,
OCC. AGRICULTURE COOLIE,
R/O. ARENDOOR, KAVANCHUR,
TQ.SIDDAPUR-581329,
DIST. UTTAR KANNADA.
2. SHAIKH AHAMAD SATTAR SAB ALIAS SHAIKH AHMED
AGED ABOUT 47 YEARS,
OCC. AGRICULTURE COOLIE,
R/O. ARENDOOR, KAVANCHUR,
TQ. SIDDAPUR-581329,
DIST. UTTAR KANNADA
3. YASEN SABJAN SAB YANNE ALIAS YASIN SABAJHONSAB
AGED ABOUT 39 YEARS,
OCC. AGRICULTURE COOLIE,
R/O. ARENDOOR, KAVANCHUR,
TQ. SIDDAPUR-581329,
DIST. UTTAR KANNADA.
4. NASIRSAB SABJAN ALIAS NASIR SABAJHON,
AGED ABOUT 34 YEARS,
OCC. AGRICULTURE COOLIE,
R/O. ARENDOOR, KAVANCHUR,
TQ. SIDDAPUR-581329,
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CRL.P No. 103936 of 2022
C/W CRL.P No. 103935 of 2022
DIST. UTTAR KANNADA.
5. ASLAM HASAN SAB
AGED ABOUT. 31 YEARS,
OCC. AGRICULTURE COOLIE,
R/O. ARENDOOR, KAVANCHUR,
TQ. SIDDAPUR-581329,
DIST. UTTAR KANNADA.
6. LATEEF IMAM SAB ALIAS MOHAMMAD LATEEF IMAMSAB
AGED ABOUT 28 YEARS,
OCC AGRICULTURE COOLIE,
R/O ARENDOOR, KAVANCHUR,
TQ SIDDAPUR-581329,
DIST UTTAR KANNADA.
7. KHALEEM SAIYED FEERSAB, @ KALIM SAYED PEERSAB
AGED ABOUT 37 YEARS,
OCC AGRICULTURE COOLIE,
R/O ARENDOOR, KAVANCHUR,
TQ SIDDAPUR-581329,
DIST UTTAR KANNADA.
8. ABDUL AZEEZ MOHAMMAD GOUS ALIAS AZEEZ
MOHAMMED,
AGED ABOUT 30 YEARS,
OCC AGRICULTURE COOLIE,
R/O ARENDOOR, KAVANCHUR,
TQ SIDDAPUR-581329,
DIST UTTAR KANNADA.
9. CHAMAN KHADAR SAB
AGED ABOUT 57 YEARS,
OCC AGRICULTURE COOLIE,
R/O ARENDOOR, KAVANCHUR,
TQ SIDDAPUR-581329,
DIST UTTAR KANNADA.
...PETITIONERS
(BY SRI. VIJAY S. CHINIWAR, ADVOCATE)
AND:
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CRL.P No. 103936 of 2022
C/W CRL.P No. 103935 of 2022
THE STATE OF KARNATAKA,
THROUGH SIDDAPUR POLICE STATION,
DIST UTTAR KANNADA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, BENCH,
AT DHARWAD.
...RESPONDENT
(SRI. PRASHANTH V. MOGALI, HCGP FOR RESPONDENT)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.
SEEKING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR
ARREST IN CRIME NO. 196/2022 BY THE SIDDAPUR POLICE STAION,
SIRSI SUB-DIVISION, UTTAR KANNADA REGISTERED FOR THE
OFFENCES PUNISHABLE U/S 504, 143, 147, 148, 149, 307, 323,
324, 354 R/W 149 OF IPC PENDING ON THE FILE OF PRL. CIVIL
JUDGE (JR. DN) AND JMFC COURT, SIDDAPUR, UTTARA KANNADA
DISTRICT IN SO FAR AS ACCUSED NO. 4 TO 10, 12 AND 13 ARE
CONCERNED.
IN CRIMINAL PETITION NO. 103935 OF 2022
BETWEEN:
1. MOHAMMED @ MAHAMAD SALIM KAREEM SAB,
AGED ABOUT 27 YEARS, OCC: AGRICULTURE COOLIE,
R/O. ARENDOOR, KAVANCHUR,
TQ. SIDDAPUR - 581329,
DIST. UTTAR KANNADA.
2. ABDUL SUBHAN KAREEM SAB,
AGED ABOUT 43 YEARS,
OCC: AGRICULTURE/PRESIDENT OF
SUNNI JAMIYA MAZID,
R/O. ARENDOOR, KAVANCHUR,
TQ. SIDDAPUR - 581329,
DIST. UTTARA KANNADA.
3. RAJASAB KAREEM SAB @ MOSIN KAREEMSAB,
AGED ABOUT 38 YEARS, OCC: AGRICULTURE COOLIE,
R/O. ARENDOOR, KAVANCHUR,
TQ. SIDDAPUR - 581329,
DIST. UTTAR KANNADA.
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CRL.P No. 103936 of 2022
C/W CRL.P No. 103935 of 2022
...PETITIONERS
(BY SRI. VIJAY S. CHINIWAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH SIDDAPUR POLICE STATION,
DIST. UTTAR KANNADA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
...RESPONDENT
(SRI. PRASHANTH V. MOGALI, HCGP FOR RESPONDENT)
THIS CRIMINAL PETITON IS FILED UNDER SECTION 438 OF
CR.P.C. SEEKING TO GRANT ANTICIPATORY BAIL IN THEEVENT OF
THEIR ARREST IN CRIME NO.196/2022 BY THE SIDDAPUR POLICE
STATION, SIRSI, SUB-DIVISION, UTTAR KANNADA, REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 143, 147,
148, 149, 307, 323, 324, 354 READ WITH SECTION 149 OF IPC
PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR. DN.)
AND JMFC COURT, SIDDAPUR, UTTARA KANNADA DISTRICT,
INSOFAR AS PETITIONERS/ACCUSED NOS.1 TO 3 ARE CONCERNED.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
COMMON ORDER
Criminal Petition No.103936/2022 is filed by the accused Nos.4 to 10, 12 and 13 and Criminal Petition No.103935/2022 is filed by the accused Nos.1 to 3. Both the petitions are filed under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.196/2022, registered for the offences punishable under Sections 504, 143,147, 148, 149, 307, 323, 324, 354 read with Section 149 of IPC. -5- CRL.P No. 103936 of 2022 C/W CRL.P No. 103935 of 2022
2. The case of the prosecution is that, one Smt. Sadika B. Muneersab, has filed complaint stating that, her son-in-law Mousin was the former president of Arendur Masjid. In that regard, there was a enmity between her son-in-law and accused No.2 who is the present president. It is further stated that, the Jamat people were opposing the relative marriage of the complainant's son-in-law and in that regard they developed enmity with the family members of the complainant. It is further stated that, on 11.11.2022 at 11.00 a.m. the son of the complainant Akhil was going to his sister's house and at that time, accused No.1 abused him in filthy language and spit in front of him and at that time, the accused No.2 tried to stab the son of the complainant to kill him. The complainant put her hand to save him and the knife hit her right ring finger and she sustained injury. The accused No.3 also assaulted with the knife to the right hand of the complainant's son. The other accused i.e. accused Nos.4 to 13 came to the spot and they have assaulted the son of the complainant and the people gathered there, pacified the quarrel. The said -6- CRL.P No. 103936 of 2022 C/W CRL.P No. 103935 of 2022 complaint came to be registered in Crime No.196/2022 for the aforesaid offences. Therefore, the petitioners/accused Nos.1 to 3, 4 to 10, 12 and 13 are before this Court, seeking anticipatory bail.
3. Accused Nos.4 to 10, 12 and 13 apprehending their arrest have filed Criminal Misc. No.5252/2012 and accused Nos.1 to 3 apprehending their arrest have filed Criminal Misc. No.5251/2022 seeking anticipatory bail and both the petitions came to be rejected by the I Additional District and Sessions Judge, Sirsi, by order dated 28.11.2022. Therefore, the petitioners in both the petitions are before this Court seeking anticipatory bail.
4. Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent- State.
5. Learned counsel for the petitioners would contend that, the present complaint came to be filed as a counter blast to the complaint filed by the accused No.1 -7- CRL.P No. 103936 of 2022 C/W CRL.P No. 103935 of 2022 which is registered in Crime No.195/2022, wherein, the son of the complainant Akhil is arrayed as accused No.1 and he came to be arrested on 11.11.2022 at 6.00 p.m. which itself shows that, he has not sustained any severe injury. It is his further submission that, in the complaint filed by the accused No.1 in Crime No.195/2022, the accused No.1 to 11 and 14 have been granted bail. It is his further submission that, the petitioners are ready to co-operate with the police in the investigation. The complainant and his mother have not sustained any severe injuries. With this, he prayed to allow the petition.
6. Per contra, learned HCGP would contend that, the investigation is in progress. The complaint averments reveals the overt acts of the petitioners. There is a crime registered against the petitioners/accused Nos.2, 5, 8, 9 and 10 in Crime No.137/2022 and therefore, they are having criminal antecedents. If the petitioners are granted anticipatory bail, there are chances of they hampering the -8- CRL.P No. 103936 of 2022 C/W CRL.P No. 103935 of 2022 investigation and tampering the prosecution witnesses. With this, he prayed to dismiss the petition.
7. Having regard to the submissions made by the learned counsel for the petitioners and the learned HCGP, this Court has gone through the FIR, complaints in both the crimes registered in Crime No.195/2022 and 196/2022.
8. Two crimes registered itself shows that, there was some quarrel between the complainant, her son and the petitioners. The complaint filed by the petitioner/accused No.1 came to be registered in Crime No.195/2022 and thereafter, the complaint filed by the complainant came to be registered in Crime No.196/2022. The complaint registered in Crime No.195/2022 by the son-in-law against this complainant namely Akhil came to be arrested along with three other accused persons on 11.11.2022 at 6.00 p.m. itself shows that, he has not sustained any severe injuries. As there is a complaint and a counter complaint, who are the aggressors is the matter -9- CRL.P No. 103936 of 2022 C/W CRL.P No. 103935 of 2022 of investigation, final report and the trial. The petitioners have undertaken to co-operate with the police in the investigation. The offences alleged against them are not punishable with death or imprisonment for life, except the offence under Section 302 of IPC. The apprehension of the prosecution is that, if the petitioners are granted anticipatory bail, there are chances of they hampering the investigation and tampering the prosecution witnesses. The said objection can be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER Both the petitions filed under Section 438 of Cr.P.C.
are allowed. Consequently, the petitioners/accused Nos.1 to 10, 12 and 13 are ordered to be released on bail in the
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event of their arrest in Crime No.196/2022 of Siddapur Police Station, subject to the following conditions:
i. The petitioners/accused Nos.1 to 10, 12 and 13 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the Investigating Officer.
ii. The petitioners/accused Nos.1 to 10, 12 and 13 shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
iii. The petitioners/accused Nos.1 to 10, 12 and 13 shall remain present before the concerned police station on every Monday between 10.00 a.m. to 2.00 p.m. and mark their presence for a period of two months or till filing of the final report, whichever is earlier.
iv. The petitioners/accused Nos.1 to 10, 12 and 13 shall co-operate with the police in the investigation and make themselves available for interrogation whenever required.
v. The petitioners/accused Nos.1 to 10, 12 and 13 shall not directly or indirectly make any
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inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
vi. The petitioners/accused Nos.1 to 10, 12 and 13 shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE SVH List No.: 1 Sl No.: 21