Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 1126 (KAR)

Mohammed Saddam Hussain S/o Mohammed Moinuddin v. State through Madbool Police Station Addl. SPP, HCK, Kalaburagi

2017-08-07

B.A.PATIL

body2017
ORDER : This petition is filed by the petitioner/accused No.5 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.05/2016 of Madbool Police Station (C.C. No.224/2016), registered for the offences punishable under Sections 143, 147, 148, 354, 324, 323, 504, 506 R/w Section 149 of IPC. 2. Brief facts leading to filing of the complaint are that, on 08.06.2015 at 12.30 p.m. in Nippani village near Ishwar temple, when CWs.4 and 5 were sitting, all the accused by constituting an unlawful assembly came there holding clubs and stones in their hands and abused CW.4 in filthy language and picked up quarrel with them. By hearing the news of quarrel, CWs.1 and 6 came there and when CW.1 questioned the accused as to why they are quarrelling with CWs.4 and 5, accused No.1 abused her in filthy language and assaulted with a club on her head and caused the bleeding injuries. Thereafter, he caught hold the sari of CW.1, dragged it and made her to fall on the ground and bit on her right thigh and caused bleeding injuries. Accused Nos.2 to 4 also abused her and kicked her. When CWs.4 to 6 intervened to rescue her, accused Nos.1, 2 and 5 assaulted CW.4 with stone and club on his back. All the accused persons assaulted CWs.5 and 6 with hands. Therefore, a complaint came to be lodged and on the basis of the said complaint, a case has been registered against the accused persons. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that, petitioner is innocent and he has not committed any offence alleged against him. There are no overtacts against the petitioner. It is further contended that already charge sheet has been filed and remaining accused persons have already been released on bail. The alleged offences are not punishable with death or imprisonment for life. It is further contended that the petitioner has got deep root in the society and he is the permanent resident of Kalaburagi, therefore, there is no chance of he being absconded. It is further contended that, if the petitioner is enlarged on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. It is further contended that, if the petitioner is enlarged 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. Per contra, learned High Court Government Pleader appearing for the respondent-State would contend that the petitioner has assaulted CW.4 with a stone and also assaulted him with club on his back. He would further contend that the petitioner is absconding and he was not available for the purpose of investigation or interrogation. He would further contend that the petitioner is highly influential person and at this juncture, if the petitioner is enlarged on bail, he may again 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 the other material produced along with the petition. 7. By going through the contents of the complaint, it indicates that CWs.4 and 5 were sitting at Nippani village near Ishwar temple. At that time, accused persons by constituting an unlawful assembly came there and abused CW.4 in filthy language and picked up quarrel with them. At that time, CWs.1 and 6 came there and when CW.1 questioned the accused as to why they are quarrelling with CWs.4 and 5, accused No.1 abused her in filthy language, assaulted her and also pulled her sari and when she fell on the ground, he has also bit on her right thigh and accused Nos.1, 2 and 5 also assaulted CW.4 with stone and club on his back. Though, there are allegations in the complaint, but the offences alleged against the petitioners are not punishable with death or imprisonment for life and even the learned counsel for the petitioner submitted that injured has already been discharged from the hospital and charge sheet has been filed. When the other accused persons have been released on bail and charge sheet has been filed, I feel that by imposing some stringent conditions if the petitioner is enlarged on bail, it would meet the ends of justice. 8. For the aforementioned reasons, the petition is allowed. When the other accused persons have been released on bail and charge sheet has been filed, I feel that by imposing some stringent conditions if the petitioner is enlarged 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.5 on bail, in the event of their 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; 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; iv. The petitioner shall mark attendance before the concerned police every fortnight till the trial is concluded. 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.