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2013 DIGILAW 1400 (KAR)

Mansoor @ Mansoor Pasha v. State

2013-12-13

H.S.KEMPANNA

body2013
Judgment : This petition is filed under section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arest in crime No.245/13 Of Sira P..S, Tumkur, and pending on the file of the Prl.C.J., (Sr.Dn.) And Cjm Court Sira, Tumkur Dist., For The Offences P/U/S. 143, 147, 148, 307 R/W. 149 Of IPC.) 1. These two petitions are filed by the petitioners, who are arrayed as A.4, A.1 to A.3 and A.5 to A.7 in Crime No.245/2013 on the file of the respondent/police registered for the offences under Sections 143, 147, 148, 307 r/w. 149 of IPC, praying for grant of regular bail and anticipatory bail. 2. The respondent/police on the complaint of Hathik Ahamed, S/o. S.G.Mohamod Khan, have registered the above case against the petitioners on 24.10.2013 and have taken up investigation. 3. It is alleged among other things in the complaint, the complainant is running a beedi company by name Indra Sita Beedi company about one year prior to the occurrence, which took place on 24.10.2013. The accused are also running a beedi company under the name and style Sita Beedi Company about three years prior to the dated of occurrence. There were some differences between the petitioner and the accused in the case in respect of the area where the beedie manufactured in their company was sold. It is alleged, the complainant was selling the beedi manufactured by his company in Hiriyur Taluk of Chitradurga District, which is the dominating place of the petitioners herein. Therefore, the petitioners questioned the complainant as to why he has encroached upon their jurisdiction for selling beedies. In this connection, there were differences between the two. Such being the position, on 24.10.2013 at about 9.30 p.m. when the complainant came out of the tea shop located near Zandamakan situated on Sira - Madhugiri road at Sira the accused came to the said place armed with clubs, iron rods, formed themselves into an unlawful assembly, thereafter, in furtherance of the common object of their unlawful assembly picked up quarrel with the complainant in respect of he selling his beedi in their area and assaulted him with an intention to commit his murder and thus they have committed the aforementioned offences. 4. 4. Learned counsel for the petitioners contends, admittedly all was not well between the complainant and the accused in the case in respect of selling of the beedies manufactured by each of them in their respective companies. He submits, according to the victim he was assaulted on his head and other parts of the body. The medical certificate does not indicate that he has suffered any serious injury. He has been discharged from the hospital. A.4 has been arrested on 25.10.2013 at 4.00 a.m. He is no more required for the purposes of investigation. No recovery has been made at his instance. He further submitted, one Shamma - owner of gujuri shop at Sira has handed over an iron rod, steel pipe and four clubs to the police, which has been seized in the case and they are not seized at the instance of any of the accused. The accused hail from a respectable family having deep roots in the society, therefore, they be granted the relief as sought for by them. 5. Application filed by the petitioners is opposed by the State. 6. The admitted facts are; the complainant and the accused are running their respective beedi companies situated at Sira. The complainant's company is later to the beedi company of the accused. On account of business rivalry, the present occurrence appears to have taken place. Taking into account that the victim has been discharged from the hospital, as A.4 is in custody since 25.10.2013, in the circumstances, I do not find any justifiable reasons to decline the request of the petitioners. Accordingly, I proceed to pass the following:- ORDER Both the petitions are allowed. The petitioner in Crl.P.No.6936/2012 is ordered to be released on bail on his executing a personal bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Committal Magistrate, subject to the following conditions:- 1. The petitioner shall not tamper with the prosecution witnesses. 2. He shall make himself available to the Investigating Agency as and when required for the purposes of investigation. The petitioner shall not tamper with the prosecution witnesses. 2. He shall make himself available to the Investigating Agency as and when required for the purposes of investigation. The petitioners in Crl.P.No.6937/2013 in the event of their arrest in Crime No.245/2013 on the file of the respondent - police, they are directed to release them on bail on each of them executing a personal bond in a sum of Rs.50,000/- with one surety for the likesum to their satisfaction, subject to the following conditions:- 3. They shall appear before the respondent/police on or before 30.1.2014 for the purposes of their arrest and release. 4. They shall not tamper with the prosecution witnesses. 5. They shall make themselves available to the Investigating Agency as and when required for the purposes of investigation.