Karnataka High Court
Mustafa Chengala vs The State Of Karnataka on 21 September, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.6914/2017
BETWEEN:
1. MUSTAFA CHENGALA
S/O LATE MOIDU KUNHI
38 YEARS
RESIDING AT GURUMPU HOUSE
SULLIA TALUK,
D.K.DISTRICT - 574 239.
2. SHAFI @ SHAFI PARIVARIKANA
S/O ABDULLA, 30 YEARS,
RESIDING AT PARIVARAKANA HOUSE
SULLIA TALUK
D.K.DISTRICT - 574 239.
3. ABEED P @ ABEED PAICHAR
S/O MUHAMMAD
AGED ABOUT 38 YEARS
PAICHAR HOUSE, JALSOOR VILLAGE
SULLIA,
D.K. - 574 239. ...PETITIONERS
(BY SRI ABDUL ANSAR, ADV.)
AND:
THE STATE OF KARNATAKA
BY BANTWALA TOWN P.S.
D.K., REP. BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001. ...RESPONDENT
(BY SRI S.VISHWAMURTHY, HCGP.)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN THE EVENT OF THEIR ARREST IN CR.NO.118/2017 OF SULLIA
POLICE STATION, D.K., WHICH IS REGISTERED FOR THE
OFFENCES P/U/S 143, 147, 148, 324, 307 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners apprehend their arrest by the respondent/Police in their Crime No.118/2017 registered in respect of the offences under Sections 143, 147, 148, 324, 307 read with Section 149 of IPC.
2. The allegation is, on 28.7.2017, a car dashed against the scooter of the complainant from behind. The inmates of the car got down from the car and assaulted him with Talwar. Another vehicle also arrived there and inmates of the said car charged against the complainant, however, complainant escaped. Due to the attack, the complainant suffered bleeding injury to his left hand.
3. Learned Counsel for the petitioners submits, the complainant has not made any specific allegation against -3- the petitioners, though all of them are from the same area. The allegation in the complaint is vague. The co- accused are granted anticipatory bail. If anticipatory bail is granted to them, they will appear before the respondent/Investigating Officer and co-operate with the investigation.
In the light of the above, the petition is allowed. Petitioners are granted anticipatory bail in Crime No.118/2017 of respondent/Police, subject to the following conditions:
(i) They shall appear before the Investigating Officer forthwith. In that event, I.O. is at liberty to interrogate them.
(ii) In the event of their arrest, they shall be released on bail on each of them executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
(iii) They shall not threaten the complainant and other prosecution witnesses. -4- In view of disposal of the revision petition, I.A.No.1/2017 does not survive for consideration, hence, stands disposed of.
Sd/-
JUDGE KNM/-