Karnataka High Court
Yonus vs The State Of Karnataka on 15 November, 2017
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7564/2017
BETWEEN:
1. Yonus
S/o Mugdi @ Saheb
Aged about 30 years
2. Sammer
S/o Jainul Abidin
Aged about 24 years.
3. Ilias Usman Saheb
S/Sheik Usman Saheb
Aged about 37 years.
4. Yasin
S/o Abdul Baseer
Aged about 25 years.
Petitioners No.1 to 4
are R/o Bukhri Colony
Shiroor village and post
Kundapura Taluk
Udupi District.
Pin - 581 410. ... PETITIONERS
(By Sri Lakshmikanth.K, Adv.)
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AND:
The State of Karnataka
By Byndoor Police,
Kundapura Taluk,
Udupi District,
Represented by its State Public Prosecutor,
High Court of Building
Bengaluru-560 001. ...RESPONDENT
(By Sri Chetan Desai, HCGP)
This Criminal Petition is filed under Section 438 of the
Cr.P.C. praying to enlarge the petitioners on bail in the event
of their arrest in Cr.No.361/2017 of Byndoor police Station,
for the offences P/U/Ss 341, 143, 147, 295(A), 504, 506 r/w
149 of IPC.
This Criminal Petition coming on for orders this day,
the Court made the following:
ORDER
This petition is filed by the petitioners/accused Nos.1, 2, 4 and 5 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 143, 147, 295A, 341, 504, 506 r/w Section 149 of IPC registered in respondent police station Crime No.361/2017. 3
2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1, 2, 4 and 5 and also the learned High Court Government Pleader appearing for the respondent-State.
3. The complaint averments shows that when the complainant and others in order to intall Ganesha idol at Shankaranarayan temple at Joguru were taking the idol in a car on 25.8.2017 at 8.00 p.m., the petitioner along with other accused persons picked up quarrel with the complainant saying that if they take the idol in the said route they would put fire on the car and abused them in filthy language and also threatened them. On the basis of the said complaint, case was registered.
4. Perusing the materials it is seen that except the offence under Section 295A of IPC all other offences are 4 bailable offences. It is also submitted that accused Nos.3 and 6 have been already granted regular bail by the order of the learned Sessions Judge. Petitioners have contended that they have been falsely implicated and are ready to abide by any reasonable conditions to be imposed by the Court. All the offences are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioners could be granted with anticipatory bail.
5. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 143, 147, 295A, 341, 504, 506 r/w Section 149 of IPC registered in respondent police station Crime No.361/2017, subject to the following conditions:
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i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall make themselves available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioners shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/-
JUDGE bkp