Karnataka High Court
Mohd. Afzal Mushraf @ Saddam vs The State Through on 9 February, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200184/2017
A/W CRIMINAL PETITION No.200237/2017
& CRIMINAL PETITION No.200238/2017
IN CRL.P.No.200184/2017:
Between:
Mohd. Afzal Mushraf @ Saddam
S/o Azeemuddin @ M.D.Dastgir
Age: 19 years, Occ: Student studying
in B.Sc. II year, IV Semester
R/o H.No.10-03-06, Abu Faiz Dargah
Bidar, Dist. Bidar
... Petitioner
(By Sri Avinash A Uplaonkar,
Sri Vinayak S. Kodla and
Sri Ravi K. Anoor, Advocates)
And:
The State
Through Market Police Station
Bidar, Now represented by Addl. SPP
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri P.S.Patil, HCGP)
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This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the petition and be pleased to
release the accused/petitioner on bail in Crime No.169/2016
of Market Police Station, Bidar, Dist. Bidar which is
registered for the offences punishable under Sections 143,
147, 148, 341, 323, 324, 326, 504, 307 r/w 149 of IPC.
IN CRL.P.No.200237/2017:
Between:
Mali Pasha
S/o Mohd. Multani
Aged: 19 years, Occ: Driver
R/o Gareeb Colony, Bidar
Dist. Bidar
... Petitioner
(By Sri Sanjay A. Patil, Advocate)
And:
The State
Through Market Police Station
Bidar, Dist. Bidar
Represented by
Addl. State Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri P.S.Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the petition and thereby release the
petitioner on bail in Crime No.169/2016 of Market Police
Station, Bidar, Dist. Bidar, which is registered for the
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offences punishable under Sections 143, 147, 148, 341, 323,
324, 326, 504, 307 r/w 149 of IPC.
IN CRL.P.No.200238/2017:
Between:
1. Garib Pasha
S/o Chand Pasha
Aged: 20 years, Occ: Student
R/o Mangalpeth, Bidar
Dist. Bidar
2. Arbaz Khan
S/o Riyaz Khan
Aged: 22 years, Occ: Mechanic
R/o Abdul Faiz Dargah, Bidar
Dist. Bidar
3. Mohd. Mohsin
S/o Mohd. Shareef
Aged: 22 years, Occ: Auto Driver
R/o Abdul Faiz Dargah, Bidar
Dist. Bidar
... Petitioners
(By Sri Sanjay A. Patil, Advocate)
And:
The State
Through the Police
Market Police Station, Bidar
Dist. Bidar
Represented by
Addl. State Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri P.S.Patil, HCGP)
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This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the petition and thereby release the
petitioners on bail in Crime No.169/2016 registered by the
Market Police Station, Bidar, Dist. Bidar for the offence
punishable under Sections 143, 147, 148, 341, 323, 324,
326, 504, 307 r/w 149 of IPC.
These petitions are coming on for Orders this day, the
Court made the following:-
ORDER
These petitions are filed by the petitioner/accused Nos.1, 2, 3, 4 & 6 under Section 439 of Cr.P.C., seeking regular bail in Crime No.169/2016 of Markert Police Station, Bidar, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 504, 307 r/w 149 of IPC.
Since these petitions are arising out of the same crime, they heard together and are disposed of by this common order.
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2. Brief facts leading to filing of the complaint are that, the complainant is working as Physical Education Teacher. On 25.12.2016 at about 7:30 p.m. when the complainant and his two friends were in the Church for celebrating Christmas festival, at that time accused persons quarreled with complainant and his friends and thereafter other persons pacified the quarrel. In that light, again on 26.12.2016 when the complainant, his brother Rakesh, his niece Elisha and his friends were there in the house at about 11:30 a.m. the petitioners along with other accused persons by constituting an unlawful assembly, by holding deadly weapons came there and abused in filthy language and assaulted the complainant and others in the said quarrel. At that time, it is accused No.1 stabbed to the brother of the complainant and caused the grievous injuries. On the basis of the complaint, a case has been registered against the accused-petitioners. 6
3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioners are that there are case and counter cases, only with an intention to inculcate the accused-petitioners a counter case has been filed by the complainant. He has further contended that the injured Rakesh and Elisha have been discharged from the hospital and they are out of danger. He has further contended that accused-petitioners are respectable members of the society and if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition.
5. On the contrary, learned High Court Government Pleader appearing for the respondent-State 7 vehemently contended that the alleged incident has taken place at a broad daylight. There are eyewitnesses to the alleged incident, it is accused No.1 and other accused persons by constituting unlawful assembly by holding deadly weapons went to the house of the complainant and committed offence of stabbing to the complainant and thereby caused injuries. He has further contended that the offences levelled against the accused-petitioners are punishable with 10 years imprisonment. At this juncture, if the petitioners are released on bail, there is likelihood of they being absconded and they may not be available for trial. On these grounds, he prays for dismissal of the petition.
6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that on 25.12.2016 at about 7:30 p.m. first incident has taken place and on the basis of first complaint, a case 8 has been registered. Subsequently on 26.12.2016 at about 11:30 a.m second incident has taken place and the second case has been registered. In that light, it is not going to be a case and counter case but they are the two different incidents, that is not going to come in the way of deciding this case. But by going through allegations made in the present complaint that, the accused-petitioners by constituting unlawful assembly went to the house of the complainant and have assaulted and have caused injuries. But by going through the records which have been produced by the learned counsel for the petitioners the injured Rakesh and Elisha have been admitted on 26.12.2016 in Neelima Hospital, Hyderabad and they have been discharged from the Hospital on 08.01.2017. When the injured persons who have been got admitted due to the injuries are discharged from the hospital, it indicates that they are out of danger. When the alleged offences are not punishable with death or imprisonment for life, 9 under such circumstances, I feel if the accused- petitioners are released on bail, by imposing some stringent conditions, it would meet the ends of justice.
7. For the aforementioned reasons, the petitions are allowed and petitioner/accused Nos.1, 2, 3, 4 & 6 are ordered to be released on bail, subject to the following conditions:
i) The petitioners shall execute personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs Only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;
ii) The petitioners shall not indulge in
hampering the investigation or
tampering the prosecution witnesses;
iii) The petitioners shall make themselves available to the Investigating Officer as and when required;
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iv) The petitioners shall mark their
attendance before the Investigating
Officer once in fortnight till the charge sheet is filed;
v) The petitioners shall appear before the concerned Court regularly.
Sd/-
JUDGE sdu Ct: MHS