Research › Search › Judgment

Karnataka High Court · body

2020 DIGILAW 187 (KAR)

Mohammed Rafik Jamakhana And Others v. State Of Karnataka And Others

2020-01-22

P.G.M.PATIL

body2020
JUDGMENT 1. Accused Nos.1 and 13 have filed these two separate anticipatory bail petition under section 438 of Cr.P.C., seeking to enlarge them on bail, in the event of his arrest, in Crime No.89/2019 of Nargund police station, registered for the offences punishable under sections 120B, 143, 147, 148, 323, 326, 307, 341, 395, 397, 504, 506 of IPC. 2. The case of the prosecution in brief is that on 10.5.2019 at about 10.00a.m. near old APMC Off ice of Naragund town, the accused persons formed into unlawful assembly and started to quarrel with the complainant and abused him in vulgar words and assaulted him with stones and attempted to kill the complainant. Accused No.1 tried to press on his neck and also accused restrained him from proceeding further and apart from the same, they also robbed from the complainant a sum of Rs.10,000/- and thereby accused have committed the alleged offences. On the basis of the complaint, the respondent-police registered a case and have undertaken the investigation. 3. Petitioners accused No.1 and 13 have stated that they have been falsely implicated in the case. The investigating officer has not yet filed the chare sheet. They are the permanent residents of Naragund and there is no possibility of influencing the witnesses or tamper the evidence. There is no eye witness to the alleged incident. They are ready to abide by the conditions which may be imposed by the Court and to furnish adequate surety. 4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader. 5. The al legations in the complaint goes to show that the accused persons picked up quarrel with the complainant and they abused him and assaulted with stone and also with belt. It is also stated that accused No.1 tried to strangulate the complainant by pressing on his neck. Further, it is alleged that in the course of the said incident, the accused have also robbed a sum of Rs.10,000/- from the pant pocket of the complainant. 6. The learned counsel for the petitioners submitted that other accused have been enlarged on bail by the Sessions Court. The Sessions Court by the very order has rejected the bail petition filed in respect of accused No.1. There is a prima facie case against accused No.1 who tried to strangulate the complainant, for the alleged offence. 7. 6. The learned counsel for the petitioners submitted that other accused have been enlarged on bail by the Sessions Court. The Sessions Court by the very order has rejected the bail petition filed in respect of accused No.1. There is a prima facie case against accused No.1 who tried to strangulate the complainant, for the alleged offence. 7. The learned High Court Government Pleader has made available the copy of the wound certificate of the complainant, which goes to show that the complainant had sustained laceration right frontal region measuring 4X1X0.5CM and is a simple injury. It is alleged against accused No.13, the petitioner in Crl.P.No.102174/2019 that he assaulted the complainant with stone. 8. Considering the material on record, this Court is of the considered opinion that the petitioner-accused No.13 may be enlarged on bail by imposing necessary conditions, to see that the he shall co-operate in the investigation and shall not abscond and shall not tamper with the prosecution witnesses. However, anticipatory bail petition filed in respect of accused No.1 is liable to be dismissed and he is not entitled for the benefit of anticipatory bail at this stage. Accordingly, this Court proceed to pass the fol lowing: ORDER Crl.P.No.102175/2019 is dismissed. Crl.P.No.102174/2019 is al lowed. The petitioner accused No.13 is ordered to be released on bail in the event of his arrest in Crime No.89/2019 of Nargund police station, on the fol lowing conditions:- i) The petitioner shall surrender himself before the investigating officer of the concerned police station within 10 days from the date of receipt of certified copy of this order. The petitioner shall furnish a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii) The petitioner shall co-operate with the investigating officer to complete the investigation and shall also mark his attendance before the SHO of the Nargund police station on every 2nd and 4th Sunday of the month between 10.00 a.m. and 5.00 p.m., till the final report is filed. iii) The petitioner shall not cause any threat to the prosecution witnesses in any manner and shall not leave the jurisdiction of the trial Court without prior permission.