Karnataka High Court
Gouse Moinuddin And Ors vs The State Of Karnataka on 28 May, 2019
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF MAY 2019
BEFORE
THE HON'BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION No.200546/2019
C/W
CRIMINAL PETITION Nos.200548/2019,
200563/2019, 200569/2019 & 200588/2019
IN CRL.P.NO.200546/2019
Between:
1. Gouse Moinuddin S/o Mohammad Hasanuddin,
Age: 27 years, Occ: Private Service,
R/o G.D.A. Colony,Santraswadi,
Kalaburagi-585104.
2. Syed Mukkaram S/o Syed Sabir,
Age: 27 years, Occ: Business,
R/o Basaveshwar Colony,
Kalaburagi-585104.
3. Md. Shahabaz S/o Md. Imtiyaz,
Age: 26 years, Occ: Engineering Student,
R/o Hussain Garden, MSK Mills,
Kalaburagi-585102.
... Petitioners
(By Sri, Syed Mastan & Sri. Sandeep Huli, Advocates)
2
And:
The State of Karnataka,
Through Kalaburagi Rural Police Station,
Kalaburagi
(Representing by learned
Addl. State Public Prosecutor
High Court of Karnataka
Bench at Kalaburagi-585103)
... Respondent
(By Sri Prakash Yeli, Addl. S.P.P.)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to allow the petition and enlarge the
accused / petitioners on bail in Crime No.54/2019 of
Kalaburagi Rural P.S. Kalaburagi, pending on the file of V
Addl. J.M.F.C. Court at Kalaburagi for the offences
punishable U/Sec.143, 147, 148, 109, 364, 302 & 201
R/w Sec.149 of I.P.C., in the interest of justice.
IN CRL.P.NO.200548/2019
Between:
Syed Hussain S/o Syed Iqbal,
Age: 26 years, Occ: Moulana,
R/o Chota Roza, Near KBN Darga,
Kalaburagi-585103.
... Petitioner
(By Sri. Basavaling Nasi, Advocate)
And:
The State through Grameen P.S.
Represented through Addl. S.P.P.
High Court of Karnataka
At Kalaburagi Bench-585102.
... Respondent
(By Sri Prakash Yeli, Addl. S.P.P.)
3
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to allow the petition and release the
accused / petitioner on bail in bearing Crime No.
54/2019 and FIR No.315/2019 of Gulbarga Rural Police
Station at Kalaburagi for the offence under Section 143,
147, 148, 109, 364, 302, 201 R/w 149 of IPC pending on
the file of V Addl. C.J. (J.D.) & J.M.F.C. At Gulbarga, in
the interest of justice.
IN CRL.P.NO.200563/2019
Between:
1. Syed Tabrez S/o Syed Rouf,
Age: 24 years, Occ: Diploma Civil,
R/o Ahmed Nagar,
Near Razai Mustafa Madarasa,
Kalaburagi.
2. Syed Amjad S/o Syed Imamsab,
Age: 29 years, Occ: Accountant,
R/o Taj Nagar, Muslim Sangh,
Kalaburagi.
3. Abdul Aziz S/o Md. Mehatab,
Age: 20 years, Occ: Student,
R/o Islamabad Colony,
Near Ali Masjid, Kalaburagi.
(A-11 as per remand order)
4. Md. Chand Pasha S/o Abdul Kareem,
Age: 30 years, Occ: Hotel work,
R/o Soniya Gandhi Colony,
Malgatti Road, Kalaburagi.
(A-12 as per remand order)
... Petitioners
(By Sri, Liyaqat Fareed Ustad, Advocate)
4
And:
The State through
Gramin Police Station Kalaburagi,
Represented by Addl. S.P.P. High Court,
Of Karnataka at Kalaburagi-58517.
... Respondent
(By Sri Prakash Yeli, Addl. S.P.P.)
This Criminal Petition is filed under Section 439 of
Cr.PC. praying to enlarge them on bail by imposing
conditions as this Hon'ble Court deems fit in the
circumstances of the case in Crime No.54/2019, pending
on the file of the Learned V Addl. Civil Judge, Junior
Division and JMFC, Gulbarga for the alleged offences
punishable under Sections 143, 147, 148, 109, 302, 364
and 201 R/w 149 of IPC to meet the ends of justice.
IN CRL.P.NO.200569/2019
Between:
Muthar AliS/o Nazeer Ali Khan,
Age: 26 years, Occ: Private Job,
R/o Near Ali Masjid, Islamabad Colony,
Kalaburagi-585104.
... Petitioner
(By Sri, Arun Chowdapurkar, Advocate)
And:
The State Through Grameen Police Station,
Kalaburagi
(Representing by learned
Addl. State Public Prosecutor
High Court of Karnataka at Kalaburagi-585105)
... Respondent
(By Sri Prakash Yeli, Addl. S.P.P.)
5
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to release the accused / petitioner on bail
in Crime No.54/2019 of Grameen P.S. Kalaburagi, for the
offences U/Sec.143, 147, 148, 109, 364, 302, 201 R/w
149 of I.P.C. pending on the file of Prl. Sessions Judge,
Kalaburagi, in the interest of justice.
IN CRL.P.NO.200588/2019
Between:
Syed Raheem S/o Syed Iliyas,
Age: 25 years, Occ: Driver,
R/o Mijgori Naya Mohalla,
Kalaburagi-585104.
... Petitioner
(By Sri, Ustad Saadath Hussain & Sri. Ustad Zakir
Hussain, Advocates)
And:
... Respondent
(By Sri Prakash Yeli, Addl. S.P.P.)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to release the accused / petitioner on bail
in Crime No.54/2019 of Grameen P.s. Kalaburagi, for the
offences U/Sec.143, 147, 148, 109, 364, 302, 201 R/w
149 of I.P.C., pending on the file of V Addl. J.M.F.C.
Kalaburagi, in the interest of justice.
These petitions coming on for orders, this day, the
Court made the following:
6
ORDER
Criminal Petition No.200546/2019 is filed by petitioners namely Accused Nos.9, 10 and 14. Criminal Petition No.200548/2019 is filed by petitioner namely Accused No.8. Criminal Petition No.200563/2019 is filed by petitioners namely Accused No.5, 7, 11 and 12. Criminal Petition No.200569/2019 is filed by petitioner namely Accused No.13 and Criminal Petition No.200588/2019 is filed by petitioner namely Accused No.13, for seeking bail in Crime No.54/2019 of Kalaburagi Rural P.S. for the offences punishable under Sections 143, 147, 148, 109, 364, 302 & 201 R/w Sec.149 of IPC.
2. The FIR was registered on the basis of the complaint filed by Anand Ranappa Huli stating that on 17.02.2019 morning at 7.00 a.m. when he was going to his native place Kerror village on his motorcycle, he saw a dead body of male person aged about 25-30 years, on 7 the road near Sathpeet Darga. Several incised wounds were found the dead body. On the basis of the said complaint, the police have registered the case and conducted the investigation.
3. The main contention of the learned counsel representing the petitioners is that these accused have been falsely implicated in these cases only on the basis of the voluntary statement of accused Nos.1 to 4. The material objects i.e. vehicle or weapons said to have been used for commission offences are not recovered from these accused. Accused No.1 to 4 are not at all involved in commission of the murder of the deceased. On the basis of the voluntary statement of accused No.1 to 4, the weapons and other objects have been seized. There is no material to connect these accused-petitioners with alleged offences. These petitioners are in judicial custody since 18.02.2019. Due to the detention, the petitioners and the family members are put to hardship and 8 injustice. The rejection of bail application by the Session Court has resulted miscarriage of justice.
4. Learned Addl. SPP has orally opposed the bail petitions and submitted that there is ample evidence against these accused with regard to the alleged offences. Accused No.1 to 4 have disclosed the role played by other accused in commission of offences. In the event of granting bail, the petitioners are likely to be abscond or tamper the prosecution witnesses.
5. The learned counsel for the petitioners further submitted that the decision of the Hon'ble Supreme Court reported in 2019 (1) SCCrJ 195 (SC) Asar Mohammad & Ors Vs. The State of Uttar Pradesh is not considered in right perspective.
6. It is submitted that the respondent-police have completed the investigation and submitted the charge sheet. It is pertinent to note that there are no eye 9 witnesses to the incident of murder said to have been committed by accused persons. On the basis of the voluntary statement of accused No.1 to 4, the weapons, blood stained clothes, vehicles and other material objects have been recovered. It is only on the basis of the voluntary statement of the said accused Nos.1 to 4, the respondent-Police have arrested these accused and voluntary statements have been recorded. Even according to the voluntary statement of accused Nos.5, 7, 8, 9, 10, 11, 12, 13, 14, the only role played is that either they have assaulted with their hands or pipe. The charge sheet placed on record goes to show the complicity involvement of accused No.1 to 4 and the material objects are also recovered from them.
7. Whenever there are allegations regarding involvement of several accused in commission of offence. The cases in which accused are implicated with offence under section 34 or section 149 IPC, the Court must 10 evaluate the entire available material on record and shall also carefully comprehend the exact role played by the petitioners/accused in cases, the court should consider with even greater care and caution because over implication in cases is a matter of common knowledge and concern. In the instant case even according to prosecution the voluntary statement of accused Nos.1 to 4 is main basis for implication of other accused.
8. It is submitted that the petitioners are in judicial custody for long time and due to at the detention they have been put to hardship. As already stated above, investigation is completed and charge sheet has been filed. The prosecution has not made out any grounds to show that the further detention of these accused is necessary either for test identification parade or recovery of any material objects. The objection of the prosecution is that in the event of granting anticipatory bail, there are chances of causing threat to the prosecution witnesses. 11 The said objection may be set right by imposing stringent conditions. The petitioners have undertaken that they are ready and willing to abide by the conditions to be imposed.
9. Considering the grounds urged, facts and circumstances of the case, there are valid grounds for granting bail, as such these petitions deserve to be allowed. Hence, I proceed to pass the following:
ORDER Criminal Petition Nos.200546/2019, 200548/2019, 200563/2019, 200569/2019 and 200588/2019 are allowed.
Consequently, the petitioners shall be released on bail in connection with Crime No. 54/2019 of Kalaburagi Rural police station, subject to following conditions:
i) The petitioners shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh Only) each with one solvent surety each for the likesum to the 12 satisfaction of the jurisdictional Court/ Committal Court.
ii) The petitioners shall not indulge in tampering the prosecution witnesses.
iii) The petitioners shall appear before the Trial Court/Sessions Court on all the future hearing dates unless prevented by any genuine cause.
iv) The petitioners shall not leave the jurisdiction of the trial Court/Sessions Court without prior permission, till the disposal of the case.
Sd/-
JUDGE SMP/sdu