Karnataka High Court
Feroz S/O Sadak Miya vs The State Of Karnataka on 8 December, 2022
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 08TH DAY OF DECEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201444/2022
BETWEEN:
FEROZ S/O SADAK MIYA,
AGE: 26 YEARS OCC: Plaster Work,
R/o: HASMI COLONY,
BIDAR-585 402. ... PETITIONER
(BY SRI.KADLOOR SATYANARAYANACHARYA, ADV.,)
AND:
THE STATE OF KARNATAKA, THROUGH
BIDAR TOWN POLICE STATION, BIDAR-585 401.
(REPTD. BY ASPP H.C. OF KARNATAKA.,
KALABURAGI-484107). ... RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CRIMINAL PROCEDURE CODE PRAYING TO ALLOW
THE PETITION GRANTING REGULAR BAIL TO THE
ACCUSED-PETITIONER IN S.C.NO.57/2020 (ARISING OUT
OF CRIME NO.89/2019 OF BIDAR TOWN P.S.), FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 114, 143, 147,
148 AND 302 READ WITH SECTION 149 OF IPC, PENDING
ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS,
BIDAR.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 439 of Cr.P.C. by accused No.1 seeking to enlarge him on bail in Crime No.89/2019 of Bidar Town Police Station, registered for offence punishable under Sections 114, 143, 147, 148 and 302 read with Section 149 of IPC.
02. FIR came to be registered for the offence punishable under Sections 302 and 109 read with Section 34 of IPC, on the basis of a complaint lodged by the brother of deceased against accused Nos.1 to 5. On completion of investigation, charge-sheet has been filed against accused Nos.1 to 4 and one more accused by name Md. Faizuddin @ Faizal as accused No.5 for the offence punishable under Sections 114, 143, 147, 148 and 302 read with Section 149 of IPC.
03. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State and perused the material on record. 3
04. It is alleged by the prosecution that on 24.12.2019 at about 09.45 p.m. at Jai Bhavani Wine Shop in Usman Gunj Bidar, all the accused, on account of previous enmity against deceased - Mohammed Akbar, formed an unlawful assembly and committed his murder.
05. The case of the prosecution is that on 24.12.2019 at about 08.30 p.m. a verbal quarrel took place between one Md. Zeeshan - accused No.4 and deceased - Md. Akbar, at that time, the petitioner - accused No.1 intervened and stabbed the deceased with a knife and caused injuries to him. The deceased also picked up a stone and assaulted on the head of accused No.1. Thereafter, accused No.1 took treatment in the District Hospital, Bidar. After the said incident, accused No.1 along with other accused persons in order to take revenge, went in search of the deceased to Jai Bhavani Wine Shop armed with a button knife. Finding the deceased in the said wine shop, they dragged him and the petitioner - accused No.1 stabbed on his chest, kicked him and committed his murder.
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06. The learned counsel for petitioner has contended that there is a case registered against deceased in Crime No.178/2019 of New Town Police Station Bidar, for the offence punishable under Sections 341, 504 and 324 of IPC and therefore, it was the deceased who assaulted the petitioner prior to the incident in question. He contends that quarrel took place between accused No.4
- Zeeshan and the deceased and there was no animosity between the deceased and the petitioner herein and the petitioner had only tried to pacify the quarrel which took place between the deceased and accused No.4. Therefore, the allegation that, to take revenge the petitioner came to Jai Bhavani Wine Shop along with other accused persons and committed murder is false. Drawing the attention of the Court to the statement of CW.25 namely the mother of accused No.4, he contends that both the petitioner as well as the deceased sustained injuries in the first incident and they took treatment in the Hospital and contends that if there was any intention for the petitioner to commit the murder, then he would have made an attempt on the life 5 of the deceased in the hospital itself. He contends that one of the accused named in the FIR has been dropped at the time of filing the charge-sheet. Other accused persons are enlarged on bail. The petitioner has sustained sever head injury in the first incident. There are no criminal antecedents against him. Hence, prays to enlarge the petitioner on bail by imposing any conditions.
07. The learned High Court Government Pleader contends that there are eyewitnesses to the incident who have stated that the petitioner has assaulted the deceased on his vital part of the body. He contends that if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses and flee from justice. Hence, he prays to dismiss the petition.
08. The incident in question has taken place at Jai Bhavani Wine Shop situated at Usman Gunj, Bidar on 24.12.2019 at about 10.00 p.m. It is alleged that this petitioner along with other accused persons came armed with a button knife to take revenge against the deceased 6 on account of the earlier incident and stabbed the deceased on his chest and committed his murder. In the incident which took place on the same night at about 08.30 p.m., the petitioner stabbed the deceased with a knife and in turn the deceased hit him with stone on his head. Both the deceased as well as the petitioner took treatment in the Hospital. According to prosecution to take revenge, the petitioner along with other accused persons went in search of the deceased and after finding the deceased in Jai Bhavani Wine Shop, they dragged him outside and the petitioner stabbed on his chest and committed murder.
09. The prosecution has collected the C.C.T.V. footages and also recorded the statements of CWs.10 to 12 who were present in Jai Bhavani Wine Shop. Their statements would clearly disclose that this petitioner has stabbed the deceased with a knife on his chest and kicked him and thereafter ran-away from the spot. As per postmortem report, the death is on account of hemorrhagic shock due to stab injury.
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10. There is a prima-facie case made out against the petitioner. Specific overt-acts are alleged against the petitioner that he has stabbed the deceased with knife on his chest etc. The apprehension of the prosecution that if the petitioner is enlarged on bail he may tamper with the prosecution witnesses, is well founded. In view of the nature and gravity of the offence and considering that there are eyewitnesses to the incident in question, this is not a fit case to enlarge the petitioner on bail.
Petition is dismissed.
Sd/-
JUDGE KJJ