Farooq Pasha vs The State Of Karnataka on 27 September, 2019

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Karnataka High Court

Farooq Pasha vs The State Of Karnataka on 27 September, 2019

Bench: K.N.Phaneendra

                           -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF SEPTEMBER 2019

                         BEFORE

        THE HON'BLE MR.JUSTICE K.N.PHANEENDRA

           CRIMINAL PETITION NO.6074/2019

BETWEEN:

FAROOQ PASHA
S/O LATE MUBARAQ PASHA
AGED ABOUT 23 YEARS
R/AT SOMANNA LAYOUT
COURT ROAD, HUNSUR TOWN
HUNSUR TALUK
MYSORE DISTRICT - 577 185          ...PETITIONER

(BY SRI LETHIF B., ADVOCATE)

AND:

1.      THE STATE OF KARNATAKA
        BY HUNSUR TOWN POLICE STATION
        MYSORE DISTRICT
        REP. BY SPP, HIGH COURT BUILDING
        BANGALORE - 560 001

2.      SIDDARAJU
        S/O LATE NINGAIAH
        AGED ABOUT 46 YEARS
        R/AT SIDDANAKOPPALU VILLAGE
        HUNSUR TALUK
        MYSORE DISTRICT - 577 185  ...RESPONDENTS

(BY SRI HONNAPPA, HCGP FOR R1)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HIS ARREST IN CR.NO.123/2019
REGISTERED BY HUNSUR TOWN POLICE STATION, MYSURU
DISTRICT FOR THE OFFENCE P/U/S.323, 307, 427, 504 AND
506 R/W 34 OF IPC AND SECTION 3(1)(r)(s) AND 3(2)(v) OF
SC/ST (POA) AMENDMENT ORDINANCE ACT, 2014.
                           -2-



      THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

Heard the learned Counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.

2. Learned Government Pleader submits that though notice issued to the complainant through Deputy Superintendent of Police, Hunsur has been served but the complainant has remained absent.

3. On perusal of the complaint averments, though the case has been registered for the offence under Sections 323, 307, 427, 504, 506 read with Section 34 of IPC and also under Sections 3(1)(r),(s) of SC & ST (POA) Amendment Ordinance 2014 and Section 3(2)(v) of SC & ST (POA) Act, 1989, there are no specific allegations against the petitioner with regard to the abusive words used by him particularly referring to the caste of the complainant. -3-

4. It is the case of the prosecution that on 16.07.2019 at about 5.00 p.m., when the complainant was in his Shamiyana shop at Siddanakoppalu village in Hunsur taluk, two mulsim people came there in Yamaha motor cycle and they questioned him why he is playing the mike set at that particular point of time. At that time, those two persons abused him in filthy language referring to his caste and also assaulted with their hands and one of them has assaulted on the private part of the complainant. It is also stated that this petitioner came late to the spot after the above said incident and he also assaulted the complainant with his hands.

5. Therefore, looking to the above said facts and circumstances of the case, there is no specific allegation against this petitioner that he has committed any offence under the SC & ST (Prevention of Atrocities) Act, as noted above and he also assaulted with his hands and there is no specific allegation -4- whether he made any attempt to kill the complainant and if so, in what manner.

Under the above said facts and circumstances of the case, petitioner has made out a good ground for grant of bail. Hence the following;

ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.123/2019 of Hunsur Town Police Station, subject to the following conditions:-

i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.

ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

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iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer as and when called for.

iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.

v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.

Sd/-

JUDGE KNM/-

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