Karnataka High Court
Riyaz As/O Azeemuddin vs The State Of Krantaka on 28 June, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200652/2017
Between:
Riyaz S/o Azeemuddin
Aged about 25 years
Occ: Labour
R/o Chitta Village
Tq & Dist: Bidar
... Petitioner
(By Sri Mogha Sudakar Rao, Advocate)
And:
The State of Karnataka through
Gandhi Gunj Police Station, Bidar
Rep. by the Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri Prakash Yeli, Add. SPP)
This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to direct the respondent to enlarge the
petitioner on bail in the event of his arrest in Crime
No.03/2017 of Gandhi Gunj Police Station, Bidar, which is
registered for the offences P/U/Sec. 143, 147, 148, 323,
324, 307, 354, 354a, 354b, 354c, 354d, 506 R/W 149 of
IPC. & U/Sec. 3(1) (x), (xi), 3(1) (r), (s), (w) of SC/ST Act.
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This petition coming on for Orders this day, the Court
made the following:-
ORDER
This petition is filed by the petitioner/accused No.12 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.03/2017 of Gandhi Gunj Police Station, Bidar, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 506, 307 and 354 r/w Section 149 of IPC and also for the offence punishable under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Atrocities Act').
2. Brief facts of the case are that, on 02.01.2017, one Vijayalaxmi has lodged a complaint alleging that on 01.01.2017 at about 7:30 p.m. when she along with her family members were in her house, all the accused persons by constituting an unlawful assembly entered the house of the complainant and by defaming and insulting with filthy language told her 3 family members to go away from the village as they were taking videograph of ladies who were going to answer second call of nature in the village. It is further alleged that few accused persons torn the cloths of complainant, her children and relatives and thereby caused the grievous injuries. On the basis of the said complaint, a case has been registered against accused persons.
3. I have heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioner are that the petitioner is innocent, he has not committed any offence alleged against him and he has been falsely implicated in this case. It is also contended that, there is omni bus allegation against the petitioner stating that he has taken the name of the caste and there is no specific 4 overt-act in the complaint as against the petitioner. It is further contended that the alleged offences are not punishable with death or imprisonment for life. It is further contended that the petitioner has got both movable and immovable properties, therefore, there is no chance of he being absconded. Further, it is contended that, if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.
5. On the contrary, learned Additional State Public Prosecutor appearing for the respondent-State would contend that the petitioner along with the other accused has abused the complainant and her men by taking the name of the caste. He would also contend that, since from the date of registration of the case, the petitioner is absconding and was not available for investigation or interrogation. He would further 5 contend that at this juncture, if the petitioner is released on bail, he may abscond and he 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 complaint and other material produced along with the petition.
7. As could be seen from the contents of the complaint and other material, though there is an allegation that, the accused persons by constituting an unlawful assembly and by holding the stick, stone and rod came to the house of the complainant and assaulted by abusing the complainant and others by taking the name of the caste, but there is omni bus allegation as against all the accused persons. As such, the provisions of Section 18 of the Atrocities Act will not come in the way of granting the anticipatory bail. Be that as it may. By going through the material, the injuries sustained by 6 the injured are simple in nature and the injured have been discharged from the hospital and they are out of danger. Under such circumstances, that too when the alleged offences are not punishable with death or imprisonment for life, I feel that by imposing some stringent conditions if the petitioner is released on bail, it would meet the ends of justice.
8. For the aforementioned reasons, the petition is allowed.
The respondent-Police are hereby directed to release the petitioner/accused No.12 on bail, in the event of his arrest, for the above said offences, subject to the following conditions :-
i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for a likesum to the satisfaction of the arresting authority.7
ii. The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. The petitioner shall appear before the investigating officer as and when required and co-operate for investigation.
iv. The petitioner shall mark attendance
before the concerned police every
fortnight till the charge sheet is filed.
v. The petitioner shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.
Sd/-
JUDGE LG Ct: RRJ