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2017 DIGILAW 251 (KAR)

Salmankhan S/o Baseedkhan v. State of Karnataka through Bhalki Town Police Station

2017-02-02

B.A.PATIL

body2017
ORDER : This petition is filed by the petitioners/accused Nos.13 to 18, 20 and 23 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No. 104/2016 of Bhalki Town Police Station, registered for the offences punishable under Sections 143, 147, 148, 332, 333, 324, 308 & 124(A) of IPC. 2. Brief facts of the case as per the complaint are that, one Sudheerkumar M. Benki, PSI, lodged a complaint alleging that on 25.03.2016, there was a Holi procession at Bhalki Town and about 100150 police personnel were deployed to control and avoid any unpleasant situation in the said procession. It is further alleged that the police came to know that there was some galata taking place near the masjid at about 1.20 p.m. In that context, the Deputy Superintendent of Police and his staff went to the said place and they found about 7080 persons in two groups, pelting stones against each other. In order to dissolve the mob, the police intervened and they have also sustained some injuries while the said groups were pelting stones against each other. On the basis of the complaint, a case has been registered against the accused persons. 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent State. 4. Learned counsel for the petitioners has filed a memo dated 05.01.2017 for not pressing the petition as against petitioner No.4. In view of the memo, the petition against petitioner No.4 is dismissed and the petition only with regard to petitioner Nos.1 to 3 and 5 to 8 is taken into consideration. 5. The main grounds urged by the learned counsel for the petitioners are that the petitioners are innocent and they have been falsely implicated in this case. Already investigation has been completed and the offences alleged against the petitioner are not punishable with death or imprisonment for life. It is also contended that the petitioners have got deep root in the society and have got both movable and immovable properties, therefore, there is no chance of they being absconded. It is further contended that if the petitioners are enlarged 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. 6. It is further contended that if the petitioners are enlarged 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. 6. On the contrary, learned High Court Government Pleader appearing for the respondent State vehemently contended that the petitioners were not available for investigation, as such investigation has been hampered. He has also contended that the petitioners are highly influencible persons and if they have been granted anticipatory bail, they may abscond, they may not be available for investigation and interrogation and they may not be available to trial. On these grounds, he prays for dismissal of the petition. 7. I have gone through the copy of the FIR, complaint and other material produced along with the petition. 8. By going through the averments of the complaint, it reveals that about 100-150 people have gathered at the place of incident and when the police have tried to pacify the galata, the group which was pelting the stones against each other have pelted the stones towards police also. In that context, a case has been registered against some persons including the some of the accused persons. By going through the complaint and other material, it clearly goes to show that it was a group and who actually pelted the stones towards police and who actually caused injuries is a matter which is to be adjudicated at the time of trial. Leave apart this, the offences levelled against the petitioner are not punishable with death or imprisonment for life. The learned counsel for the petitioners would contend that the petitioners have got deep root in the society, they have got both movable and immovable properties and they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. When there are no serious allegations against the petitioners and no overtacts have been attributed against any of the petitioner, under such circumstances, I feel that by imposing some stringent conditions if petitioner Nos.1 to 3 and 5 to 8 are enlarged on bail, it will safeguard the interest of the prosecution and it would meet the ends of justice. 9. For the aforementioned reasons, the petition is allowed. 9. For the aforementioned reasons, the petition is allowed. The respondent Police are hereby directed to release the petitioner Nos.1 to 3 and 5 to 8/accused Nos.13 to 15, 17, 18, 20 and 23 on bail, in the event of their arrest, for the above said offences, subject to the following conditions : i. Petitioner Nos.1 to 3 and 5 to 8 shall execute a personal bond for a sum of Rs.2,00,000/(Rupees Two Lakhs Only) with two solvent sureties each for the likesum to the satisfaction of the arresting authority. ii. Petitioner Nos.1 to 3 and 5 to 8 shall not tamper with any of the prosecution witnesses directly or indirectly. iii. Petitioner Nos. 1 to 3 and 5 to 8 shall appear before the investigating officer as and when required. iv. Petitioner Nos. 1 to 3 and 5 to 8 shall mark attendance before the concerned police once in fortnight till the charge-sheet is filed. v. Petitioner Nos. 1 to 3 and 5 to 8 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.