Karnataka High Court
Salam @ Mohammed Aslam vs The State Of Karnataka on 13 June, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2820 OF 2018
BETWEEN:
1. SALAM @ MOHAMMED ASLAM
S/O U.K.HAMMABBA,
AGED ABOUT 30 YEARS,
R/O D.NO.7-118, DOTA
ULALA VILLAGE,
MANGALURU TALUK,
D.K.DISTRICT - 575 020.
2. MOHAMMED HARSHAD
S/O U.K.HAMMABBA,
AGED ABOUT 21 YEARS,
R/O D.NO.7-118, DOTA
ULALA VILLAGE,
MANGALURU TALUK,
D.K.DISTRICT - 575 020.
3. MOHAMMED AZEEM
S/O U.K.HAMMABBA,
AGED ABOUT 19 YEARS,
R/O D.NO.7-118, DOTA
ULALA VILLAGE,
MANGALURU TALUK,
D.K.DISTRICT - 575 020.
4. MOHAMMED RAMEEZ
S/O U.K.PUTTU BAVA,
AGED ABOUT 24 YEARS,
R/O D.NO.#2-15-3,
NAWAZ MANZIL, KODI,
ULLAL VILLAGE,
MANGALORE TALUK,
D.K.DISTRICT - 575 020.
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5. MOHAMMED SHIFAZ @ CHAPPA
S/O MOHAMMED SHAREEF,
AGED ABOUT 22 YEARS,
R/O D.NO.2-41/2, IFRA COTTAGE,
KODI MAIN ROAD, ULLAL VILLAGE,
MANGALORE TALUK,
D.K.DISTRICT - 575 020.
6. MOHAMMED ANEES
S/O MOOSA,
AGED ABOUT 26 YEARS,
R/O 2-76-1, KODI
ULLAL VILLAGE,
MANGALURU TALUK,
D.K.DISTRICT - 575 020.
7. MOHAMMED ASHRAF
S/O ABDUL SATHAR,
AGED ABOUT 19 YEARS,
R/O NO.7-121/1,
KELAGINA ROAD, KODI
ULLAL VILLAGE,
MANGALURU TALUK,
D.K.DISTRICT - 575 020.
...PETITIONERS
(BY SRI RAVINDRA B.DESHPANDE, ADV.,)
AND:
THE STATE OF KARNATAKA
BY ULLAL POLICE STATION,
MANGALURU CITY - 575 020.
REP. BY STATE PULICE PROSECUTOR
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI S.VISHWA MURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
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THE EVENT OF THEIR ARREST IN CRIME NO.533/2017 OF ULLAL
POLICE STATION, MANGALURU CITY FOR THE OFFENCE
PUNISHALBE UNDER SECTIONS 143, 147, 148, 341, 504, 506,
353, 427 READ WITH 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.533/2017 registered by the respondent - Police for the offences punishable under Sections 143, 147, 148, 341, 504, 506, 353 and 427 read with Section 149 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The learned HCGP has not filed any statement of objections, but has orally opposed the bail petition.
4. The Police Constable attached to Ullal Police Station is the complainant. According to the complainant, on 10.12.2017 when he was on his official 4 duty at about 10:20 p.m., he found 10 to 12 persons namely accused Nos.1 to 9 involved in damaging the doors and windows of Kotepura Sulthan Club. The accused were armed with deadly weapons. When the complainant and his men tried to surround them, the accused persons pushed the complainant and the other constable and also abused the complainant and his colleague.
5. Even though, it is alleged in the complaint that the accused caused damage to the Kotepura Sultan Club, there is nothing on record to indicate that the owner of the said club has complained of any such act. That apart, the complainant who claims to have been on duty has not arrested any of the persons, but interestingly, he has given the names of the accused persons and with the specific overt-acts alleged by them, which indicates that all these persons were known to the complainant. The complaint is registered on 10.12.2017 and no efforts 5 have been made to arrest those accused persons. Further, the incident is stated to have taken place on 10.12.2017, but the FIR is lodged only on 11.12.2017 and there is no explanation for the delay.
6. All these factors entitle the petitioner to an order of anticipatory bail. Hence, the following ORDER The criminal petition is allowed. The petitioners are directed to appear before the Investigating Officer within 10 days from the date of this order and on their appearance, the Investigating Officer shall interrogate the petitioners and shall enlarge them on bail on the same day subject to the following conditions:-
a. Petitioners shall furnish a bond in a sum of Rs.1,00,000 lakh (Rupees One lakh only) each with two sureties for the likesum to the satisfaction of the Investigating Officer;6
b. Petitioners shall appear before the Investigating Officer as and when required;
c. Petitioners shall co-operate in the investigation;
d. Petitioners shall not threaten or allure the prosecution witnesses; and e. Petitioners shall mark their attendance in Ullal Police Station, Mangalore, on every 30th of calendar month until submission of the final report.
Sd/-
JUDGE PB