Karnataka High Court
Aftab S/O Mahammadgousa Karadigudda vs The State Of Karnataka on 17 July, 2019
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JULY 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.101121 OF 2019
BETWEEN
1. AFTAB,
S/O MAHAMMADGOUSA KARADIGUDDA
AGE: 21 YEARS, OCC: COOLIE,
R/O: NEAR SOPA KURUBHAN
SHAVALI DARGHA, OLD HUBBALLI,
HUBBALLI.
2. MAHAMMAD SHAFI,
S/O MUSTAK AHAMMAD BEPARI,
AGE: 20 YEARS, OCC: COOLIE,
R/O: NEAR KASHIMDHOLI MAKAN DARGHA,
OLD HUBBALLI, HUBBALLI.
...PETITIONERS
(BY SRI. K.M. SHIRALLI, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY TOWN POLICE STATION,
HUBBALLI,
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD. ...RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.
SEEKING TO RELEASE THE PETITIONERS/ACCUSED NOS.3
& 4 ON BAIL IN S.C.NO.65/2019 PENDING ON THE FILE OF
CRL.P. NO.101121 OF 2019
:2:
THE I-ADDL. DIST. & SESSIONS JUDGE, DHARWAD SITTING
AT HUBBALLI, FOR THE OFFENCES P/U/S 143, 147, 148,
323, 324, 302 R/W SEC. 149 OF IPC, ARISING OUT OF
HUBBALLI TOWN P.S. CRIME NO.115/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition has been filed by the petitioner/accused Nos.3 and 4 under Section 439 of the Code of Criminal Procedure to release them on bail in connection with Crime No.115/2018 of Hubballi Town Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 302 read with Section 149 of the Indian Penal Code, 1860.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the case is that on 10.10.2018, at about 0030 hours Ahamed Jalal of Hubli filed a complaint alleging that Imtiyaz Kanavi and his family members are known to him; earlier there was a quarrel between CRL.P. NO.101121 OF 2019 :3: Altafahmed Kanavi, the brother of Imtiyaz Kanavi, and the sons of Davalsab Nadaf. The matter was settled by the elders. It is further alleged that on 09.10.2018, at about 10.00 p.m., when the complainant, Alfatahamed and Husainsab were standing under the light and talking, Imtiyaz Kanavi, who was also standing nearby, there came Dawood, Sharukh and Aftab on a Dio two wheeler and other three persons on another two wheeler and all of a sudden they started to assault Imtiyaz Kanavi with the weapon they had with them. On seeing the same, the complainant and others went to the rescue of Imtiyaz Kanavi and by that time, all the accused persons fled away from the spot on the motor cycles. They took Imtiyaz Kanavi, who had fallen in the pool of blood, to KIMS Hospital, Hubballi, but subsequently, Imtiyaz Kanavi succumbed to the injuries. On the basis of the above complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners/accused Nos.3 and 4 that no accusation is leveled against the petitioners/accused Nos.3 and 4; there CRL.P. NO.101121 OF 2019 :4: are no specific overt acts alleged against the petitioners/accused Nos.3 and 4 either in the complaint or in the charge sheet material; it is accused Nos.1 and 2 who have assaulted the deceased and because of the said injuries, the deceased died; already charge sheet has been filed. It is his further submission that under similar facts and circumstances, accused No.5 has already been granted bail and hence, on the ground of parity, the petitioners/accused Nos.3 and 4 are also entitled to be enlarged on bail. It is his further submission that the petitioners/accused Nos.3 and 4 have been falsely implicated in this case; they are ready to abide by any conditions to be imposed by the Court and are ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.3 and 4, because of previous animosity, as the matter regarding teasing of girls was settled by the elders, the petitioners/accused, CRL.P. NO.101121 OF 2019 :5: along with other accused persons, went and assaulted the deceased with knife; they are the members of the unlawful assembly and as such, they are connected with the alleged crime. It is her further submission that if the petitioners/accused Nos.3 and 4 are released on bail, they may tamper with the prosecution evidence, they may abscond and may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously considered the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the charge sheet material, it is accused No.2-Sharuk who assaulted the deceased with knife and subsequently, accused No.1 by snatching the knife, also assaulted on the deceased. The post-mortem report also goes to show that the deceased died because of the injuries suffered by him. But, there are no serious overt acts alleged as against the petitioners/accused Nos.3 and 4. The only allegation made CRL.P. NO.101121 OF 2019 :6: against the petitioners/accused Nos.3 and 4 is that they had come with other accused persons, alighted from the motor cycle and they were also present at the time of alleged incident. Except that there is no other material to connect the petitioners/accused Nos.3 and 4 with the alleged crime. The charge sheet has already been filed. Under the facts and circumstances, I feel that, by imposing some stringent conditions, if the petitioners/accused Nos.3 and 4 are ordered to be enlarged on bail, it would meet the ends of justice.
8. In the light of the above discussion, the petition is allowed. The petitioners/accused Nos.3 and 4 are ordered to be released on bail in connection with Crime No.115/2018 of Hubballi Town Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 302 read with Section 149 of the Indian Penal Code, 1860, subject to following conditions:
(a) Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court;
CRL.P. NO.101121 OF 2019 :7:
(b) they shall not tamper with the prosecution evidence directly or indirectly;
(c) they shall mark attendance once in a month preferably on first day of every month till the trial is concluded; and
(d) he shall not leave the jurisdiction of the Court without prior permission and shall attend the Court as and when required.
Sd/-
JUDGE Kms