Karnataka High Court
Mohammed Afzal Shaikh vs The State Of Karnataka on 16 July, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-K:5090
CRL.P No. 200800 of 2024
C/W CRL.P No. 200819 of 2024
CRL.P No. 200820 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.200800 OF 2024 (439)
C/W
CRIMINAL PETITION NO.200819 OF 2024 (439)
CRIMINAL PETITION NO.200820 OF 2024 (439)
IN CRL.P.NO.200800 OF 2024
BETWEEN:
RAMESHS/O BHIMASHA DODDAMANI,
AGE: 38 YEARS, OCC: PRESIDENT DSS
BHIMA GHARJANE,
R/O. VENKATESH NAGAR,
CHITTAPUR, KALABURAGI-585 211.
Digitally ...PETITIONER
signed by
SHILPA R (BY SRI KEDAR DESAI, AND
TENIHALLI
Location: SRI MAHANTESH H. DESAI, ADVOCATES)
HIGH
COURT OF AND:
KARNATAKA
THE STATE OF KARNATAKA
THROUGH UNIVERSITY P.S,.
REPRESNETED BY ADDL. SPP,
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585 102.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP,)
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NC: 2024:KHC-K:5090
CRL.P No. 200800 of 2024
C/W CRL.P No. 200819 of 2024
CRL.P No. 200820 of 2024
THIS CRL.P. IS FILED U/S.439 OF CR.P.C PRAYING TO
RELEASE THE ACCUSED PETITIONER ON BAIL IN CRIME
NO.114/2024 REGISTERED BY THE UNIVERSITY POLICE
STATION, KALABURAGI CITY FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 365, 342, 364A, 504, 326, 307, 395 AND
506 READ WITH SECTION 149 OF IPC, PENDING ON THE FILE
OF THE III ADDL. CJ (JR.DN) AND JMFC GULBARGA IN THE
INTEREST OF JUSTICE.
IN CRL.P.NO.200819 OF 2024
BETWEEN:
MOHAMMED AFZAL SHAIKH
S/O. ANSAR SHAIKH
AGE: 30 YEARS, OCC: MANAGER
JUBER FUNCTION HALL
R/O. ISLAMABAD COLONY
ZEEHA-UL-MADRAS
KALABURAGI-585 211.
...PETITIONER
(BY SRI KEDAR DESAI AND
SRI MAHANTESH H. DESAI, ADVOCATES)
AND:
THE STATE OF KARNATAKA THROUGH
UNIVERSITY P.S,. KALABURAGI,
REPRESNETED BY ADDL. SPP,
HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH-585 102.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP,)
THIS CRL.P. IS FILED U/S.439 OF CR.P.C PRAYING TO
RELEASE THE ACCUSED PETITIONER ON BAIL IN CRIME
NO.114/2024 REGISTERED BY THE UNIVERSITY POLICE
STATION, KALABURAGI CITY FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 365, 342, 364A, 504, 326, 307, 395 AND
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CRL.P No. 200800 of 2024
C/W CRL.P No. 200819 of 2024
CRL.P No. 200820 of 2024
506 READ WITH SECTION 149 OF IPC, IN THE INTEREST OF
JUSTICE.
IN CRL.P.NO.200820 OF 2024
BETWEEN:
HUSSAIN SHAIKH S/O MAULA SHAIKH
AGE: 25 YEARS, OCC: DRIVER,
R/O. MILATH NAGAR,
NEAR INAMDAR SCHOOL,
SWIMMING POOL, KALABURAGI.
...PETITIONER
(BY SRI SHIVAKUMAR S. SIRI, ADVOCATE)
AND:
THE STATE THROUGH
UNIVERSITY P.S,.
NOW REPRESNETED BY ADDL. SPP,
HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH-585 107.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP,)
THIS CRL.P. IS FILED U/S.439 OF CR.P.C PRAYING TO
BAIL PETITION MAY KINDLY BE CONSIDER AND RELEASE THIS
ACCUSED PETIOTIONER ON REGULAR BAIL IN CRIME
NO.114/2024 (FIR NO.912/2024) REGISTERED BY UNIVERSITY
P.S. IN OFFENCE PUNISHABLE U/S.365, 342, 364A, 504, 326,
307, 395, 506, 149 IPC, 1860 ON THE FILE OF III ADDL. JMFC
JUDGE KALABURAGI, IN THE INTEREST OF JUSTICE.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 200800 of 2024
C/W CRL.P No. 200819 of 2024
CRL.P No. 200820 of 2024
ORDER
Accused Nos.4 o 6 are before this Court in these three petitions filed under Section 439 of Cr.P.C. with a prayer to enlarge them on bail in Crime No.114/2024 registered by University Police Station, Kalaburagi City for the offences punishable under Sections 365, 342, 364A, 504, 326, 307, 395 and 506 read with Section 149 of IPC.
2. Heard the learned counsel for the parties.
3. The FIR in Crime No.114/2024 was registered by University Police Station, Kalaburagi City for the aforesaid offences against Imran Patel and others on the basis of the first information dated 05.05.2024 received from Arjunappa S/o. Hanmanth Madival. During the course of investigation, the petitioners in Criminal Petition Nos.200800/2024 and Criminal Petition No.200819/2024 were arrested on 06.05.2024 and the petitioner in Criminal Petition No.200820/2024 was arrested on 04.05.2024 and remanded to judicial custody. The bail applications filed -5- NC: 2024:KHC-K:5090 CRL.P No. 200800 of 2024 C/W CRL.P No. 200819 of 2024 CRL.P No. 200820 of 2024 by the petitioners before the jurisdictional Sessions Court were rejected. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents. The allegation are similar against the petitioners and accused No.7, who has been granted regular bail by this Court in Criminal Petition No.200687/2024 disposed of on 02.07.2024. There are no allegation of specific overt-acts against the petitioners. Major portion of the investigation in the case is completed. Accordingly, he prays to allow the petitions.
5. Per contra, learned High Court Government Pleader has strongly opposed the petitions.
6. From a perusal of the material available on record, the allegation of assaulting and torturing the first informant is against accused Ns.1 who is already arrested in the present case. Accused No.3, who allegedly had recorded the incident in question in his mobile phone and -6- NC: 2024:KHC-K:5090 CRL.P No. 200800 of 2024 C/W CRL.P No. 200819 of 2024 CRL.P No. 200820 of 2024 had circulated the same in social media has been granted regular bail by this Court in Criminal Petition No.200535/2024 disposed of on 10.06.2024. Accused No.7 as against whom similar allegations are found has been granted regular bail by this Court in Crime No.200687/2024 disposed of on 02.07.2024. Considering the background in which the alleged incident had taken place and also having regard to the fact that there are no specific overt acts against the petitioners, who had no criminal antecedents, I am of the opinion that the petitioners are also entitled for the relief sought for in the petitions. Accordingly, the following order is passed:
ORDER The petitions are allowed.
The petitioners are to be enlarged on bail in Crime No.114/2024 of University Police Station, Kalaburagi City, registered for the offences punishable under Sections 365, 342, 364A, 504, 326, 307, 395 and 506 read with Section 149 of IPC, pending on the file of learned III Additional -7- NC: 2024:KHC-K:5090 CRL.P No. 200800 of 2024 C/W CRL.P No. 200819 of 2024 CRL.P No. 200820 of 2024 Civil Judge (Jr.Dn.) and JMFC, Kalaburagi, subject to the following conditions:
a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
Sd/-
JUDGE SRT List No.: 1 Sl No.: 18