Karnataka High Court
Sharfuddin Kamruddin Mistry vs The State Of Karnataka on 17 November, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:8646
CRL.P No. 201588 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201588 OF 2023 (439)
BETWEEN:
SHARFUDDIN KAMRUDDIN MISTRY
S/O KAMRUDDIN SHARFUDDIN MISTRY
AGED ABOUT 29 YEARS, OCC: BUSINESS
R/O H.NO.84-85, NEAR HABIB FUNCTION HALL,
BESIDE AMAN PUBLIC SCHOOL,
UMAR COLONY, AZADPUR ROAD,
KALABURAGI-585102
...PETITIONER
(BY SRI. ASADULLA AMANULLA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally THROUGH RAICHUR RURAL POLICE STATION
signed by RAICHUR, REPRESENTED BY
KHAJAAMEEN
L MALAGHAN LEARNED ADDL. SPP
Location: High HIGH COURT OF KARNATAKA
Court Of KALABURAGI-585107
Karnataka
...RESPONDENT
(BY SRI.JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL
IN CRIME NO.88/2023 OF RAICHUR RURAL POLICE STATION,
RAICHUR, PENDING ON THE FILE OF III-ADDITIONAL SENIOR CIVIL
JUDGE AND J.M.F.C., RAICHUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 341, 307 R/W SECTION 34 OF I.P.C. AND
SECTIONS 3, 5, 25, 27 OF INDIAN ARMS ACT, 1959.
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NC: 2023:KHC-K:8646
CRL.P No. 201588 of 2023
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking regular bail in Crime No.88/2023 registered by Raichur Rural Police Station, Raichur District, for the offences punishable under Sections 341, 307 r/w Section 34 of IPC and Sections 3, 5, 25 and 27 of Indian Arms Act, 1959.
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the complaint filed by the defacto complainant - Dr.Jayaprakash Patil, the police registered case against two unknown persons for the above said offences. It is alleged by the complainant in the complaint that on 31.08.2023, himself and his car driver were proceeding in the car to Bettadur Hospital. At about 2.40 p.m., -3- NC: 2023:KHC-K:8646 CRL.P No. 201588 of 2023 they found two persons following their car on motorcycle by wearing mask. When they reached near 7th mile, the persons who were riding motorcycle came and stopped the car and fired at the complainant, due to which, the glasses of the car were broken. Therefore, the complainant got down from the car, at that time, the unknown persons fired targeting the complainant in order to commit his murder. Immediately, people gathered there and after seeing them, those accused persons ran away from the spot. He has also stated in the complaint that he has received threatening phone calls from known members and therefore, he has also filed complaint to the police on 08.06.2023. After registering the FIR, the police arrested the petitioner and another accused on 04.09.2023 and they were remanded to judicial custody. The petitioner approached the Sessions Judge for bail, which came to be rejected. Hence, he is before this Court. -4-
NC: 2023:KHC-K:8646 CRL.P No. 201588 of 2023
4. Learned counsel for the petitioner contended that there is no allegation against the petitioner. The FIR is registered against the unknown persons. The pistol was recovered at the instance of accused No.2 and there is no recovery from the petitioner. The petitioner is in custody from more than two months. The police after conducting investigation, have filed charge sheet. He submits that the petitioner is ready to abide by any conditions that may be imposed. Accordingly, he prayed for granting of bail.
5. Per contra, learned High Court Government Pleader for the respondent-State strenuously objected for granting bail to the petitioner contending that that there are eyewitnesses to the incident. The statement of the eyewitnesses discloses that the petitioner and another accused attempted to commit the murder of the complainant for extortion of money. Therefore, he prays for dismissal of the petition.
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NC: 2023:KHC-K:8646 CRL.P No. 201588 of 2023
6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader, I have perused the records which reveals that of-course the case was registered against two unknown persons. The complainant is a doctor by profession working in Bettadur Hospital. On the date of the incident, the complainant and his driver were proceeding in the car to Bettadur Hospital. At about 2.40 p.m., they found two persons following their car on motorcycle by wearing mask. When they reached near 7th mile, the persons who were riding motorcycle came and stopped the car and fired at the complainant, due to which, the glasses of the car were broken. Therefore, the complainant got down from the car, at that time, the unknown persons fired targeting the complainant in order to commit the murder. Immediately, people gathered there and after seeing them, those accused persons went away from the spot on their motorcycle. -6-
NC: 2023:KHC-K:8646 CRL.P No. 201588 of 2023 He has also stated in the complaint that he has received threatening phone calls from known members and he has also filed complaint to the police on 08.06.2023. Thereafter, petitioners were arrested and they were remanded to judicial custody. The police after conducting investigation have filed charge sheet. A perusal of the statement of CW.6 and arguments of learned High Court Government Pleader, it reveals that the petitioner and other accused on coming know that the complainant is a renowned doctor, with an intention to grab money or extort money, they attempted to commit his murder. Of-course there is no recovery from the petitioner. The police have recovered pistol from accused No.2. The motorcycle is said to have been ridden by the petitioner along with accused No.2. The petitioner has filed the petition before filing of the charge sheet. On perusal of the material on record, it reveals that the petitioner and accused No.2 were having common intention to commit the murder of the -7- NC: 2023:KHC-K:8646 CRL.P No. 201588 of 2023 complainant. In order to extort money, they attempted to commit the murder of the complainant who is a famous doctor, by firing with pistol, on knowing about the doctor through Facebook.
7. Considering the same, I am of the view that it is not a fit case to grant bail. Hence, the petition is dismissed.
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JUDGE NB List No.: 1 Sl No.: 13