Karnataka High Court
Babakhan S/O Akeel Ahamad Khan And Anr vs The State Through Grameen Ps on 5 August, 2013
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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH
AT GULBARGA
DATED THIS THE 05TH DAY OF AUGUST 2013
BEFORE:
HON'BLE MR. JUSTICE V. SURI APPA RAO
CRIMINAL PETITION NO.15586 OF 2013
C/W
CRIMINAL PETITION NO.15589 OF 2013
Criminal Petition No.15586/2013
BETWEEN:
Salim Gymnastic
S/o Shahabuddin
Age:35 years
Occ:Business
R/o Yadulla Colony
Roza, Gulbarga.
. . . Petitioner
(By Sri Ustad Sadat Hussain, Adv.)
AND
The State Through Grameen P.S.
Gulbarga.
. . . Respondent
(By Sri Sanjay A.Patil, Addl. SPP)
This Criminal Petition is filed under Section 438 of the
Code of Criminal Procedure, praying that this Hon'ble Court
be pleased to release the petitioner on bail in the event of
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their arrest, in Crime No.82/2012 in C.C.No.2843/2012 on
the file of V Addl. JMFC, Gulbarga, which is registered for
the offence P/U/S.143, 147, 148, 504, 114, 324, 326, 341,
307, 302, 109, 149 of IPC.
Criminal Petition No.15589/2013
BETWEEN:
1. Babakhan
S/o Akeel Ahamad Khan
Age:28 years
Occ:Business
R/o Khaja Kabeer Colony
Bilalabad
Gulbarga.
2. Kamran Khan
S/o Akeel Ahamad Khan
Age:32 years
Occ:Business
R/o Khaja Kabeer Colony
Bilalabad
Gulbarga.
. . . Petitioners
(By Sri Ustad Sadat Hussain, Adv.)
AND:
The State Through Grameen P.S.
Gulbarga.
. . . Respondent
(By Sri Sanjay A.Patil, Addl. SPP)
This Criminal Petition is filed U/s.438 of Cr.P.C. by
the Advocate for the petitioner praying to release the
accused/petitioners bail in the event of their arrest in Crime
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No.82/2012 of respondent Grameen Police Station
Gulbarga, which is registered for the offence P/U/S.143,
147, 148, 504, 114, 324, 326, 341, 307, 302, 109, 149 of
IPC.
These Petitions coming on for Orders, this day, the
Court made the following :
ORDER
Petitioner in Crl.P.No.15586/2013 is accused No.6. Petitioners in Crl.P.No.15589/2013 are accused Nos.7 and
14.
2. The respondent-Police registered a case in Crime No.82/2012 against the petitioners and other accused for the offence punishable under Sections 143, 147, 148, 504, 114, 324, 341, 326, 307 and 109 read with Section 149 IPC based on the complaint given by Imran Khan, CW1. Subsequently, on 16.03.2012 the deceased succumbed to the injuries. Therefore, the Section of law under 302 IPC is included in the crime.
3. Learned Counsel for the petitioner submitted that no avertacts are attributed against these petitioners in the 4 dying declaration of the deceased. It is further submitted that accused No.1 to 16 in this crime were already granted bail by this Court in Crl.P.Nos.15005/2013, 15064/2013, 15139/2013, 15171/2013, 15161/2013 and 15156/2013 and accused No.14 was granted anticipatory bail by this Court in Crl.P.No.16091/2012. It is also submitted that CWs.1, 3, 4 and 5 gave further statements on 14.03.2012, 15.03.2012, 18.03.2012 and 02.06.2012 based on which these petitioners are indicted in the crime and no specific overtacts are attributed against these petitioners for causing injuries to the deceased Mohd. Haroon.
4. Per contra, the learned Addl. SPP submits that Salim Gymnastic assaulted CW4 on his back with an iron rod. Accused No.14 assaulted Yousuf Khan CW5 with a bat and accused No.7 caught hold of the complainant-CW1. He further submitted that the name of accused No.6-Salim Gymnastic is not mentioned in the FIR. The further statements given by the injured do not show that the 5 petitioners assaulted the deceased and are responsible for causing his death.
5. Learned Counsel for the petitioners submitted that accused Nos.4, 10 and 11 who were named by the deceased in his dying declaration were deleted during investigation and some more persons were falsely implicated in the crime.
6. Learned Addl. SPP further submitted that investigation in this crime is completed and chargesheet is filed on 03.09.2012 showing these petitioners as absconding.
7. Since no overtacts are attributed against these petitioners for causing the death of the deceased, the petitioners in both the petitions are entitled for bail. This Court granted bail to the other accused on the ground that the complainant and the witnesses made inconsistent statements on subsequent occasions with different versions about the incident.
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8. Therefore, the petitioners are directed to surrender before the Grameen Police Station, Gulbarga, within ten days from the date of receipt of a copy of this order. In the event of their surrender, the petitioners shall be released on bail on each of them executing a personal bond for a sum of Rs.15,000/- each with two sureties for the likesum to the satisfaction of the SHO, Grameen P.S., Gulbarga.
Petitions are allowed accordingly.
Sd/-
JUDGE JT/-