Research › Search › Judgment

Karnataka High Court · body

2020 DIGILAW 2095 (KAR)

Afzal @ Mohammad Yusuf v. State Of Karnataka

2020-10-21

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - The present petition has been filed by the petitioners-accused Nos.1, 4 to 7 under Section 438 of Cr.P.C., to enlarge them on anticipatory bail in Crime No.170/2020 registered by Magadi Police Station, Ramanagara (pending on the file of I Additional District and Sessions Judge, Ramanagara) for the offences punishable under Sections 143, 147, 148, 324, 307, 504, 506 read with Section 149 of IPC. 2. I have heard the learned counsel Sri Mohammed Zulfikhar Ahamed for the petitionersaccused and the learned High Court Government Pleader Sri Mahesh Shetty for the respondent State. 3. The gist of the complaint is that on 03.09.2020 at about 9.30 a.m., when the complainant was attempted to supply water from the tank to the newly constructed house, accused persons came to the spot and asked him who told him to dig the tank and started quarrelling with him. They blamed in filthy language, by holding a sword in his hand attempted to kill him, but he rescued by the family members. But however, accused assaulted them with club, stones and thereby caused bleeding injuries and same has been pacified by the neighbors. Accused persons threaten the family members of the complainant to vacate the house and as a result of the same he has admitted to the hospital. On the basis of the complaint, a case has been registered. 4. It is the submission of the learned counsel for the petitioners-accused that only there was enmity between the petitioners-accused and the complainant, a counter case has been registered as against the complainant. It is his further submission that there are some civil disputes pending in respect of Sy.No.4/9 and 4/5 and a suit has also been instituted in O.S.No.59/2015 seeking for specific performance with an intention to pressurize petitioners-accused, a false complaint has been registered. Already the victims have been discharged from the hospital and the injuries which have been suffered are simple in nature. The alleged offences are not punishable with either death or imprisonment for life. The petitioners- accused are ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to release the petitioners-accused on anticipatory bail. 5. The alleged offences are not punishable with either death or imprisonment for life. The petitioners- accused are ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to release the petitioners-accused on anticipatory bail. 5. Per contra, learned HCGP vehemently argued and submitted that the petitioners-accused have assaulted with lethal weapons and caused grievous injuries, if they are released on bail and again they may indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsels appearing for the parties and perused the records. 7. On close perusal of the records that indicates, a case and counter case has been registered as against petitioners-accused and the complainant and a civil dispute is also there in respect of specific performance and suit has also been filed. 8. Be that as it may, already the victims have been discharged from the hospital and the injuries suffered are also simple in nature. The alleged offences are not punishable with either death or imprisonment for life. Taking into consideration of the facts and circumstances of the case, I am of the considered opinion that if by imposing some stringent conditions, if petitioners-accused are ordered to be released on anticipatory bail, it is going to meet the ends of justice. In that light, the petition is allowed. 9. Petitioners-Accused are ordered to be released on anticipatory bail in the event of their arrest in Crime No.170/2020 registered by Magadi Police Station, Ramanagara (pending on the file of I Additional District and Sessions Judge, Ramanagara) for the offences punishable under Sections 143, 147, 148, 324, 307, 504, 506 read with Section 149 of IPC, subject to the following conditions: i. The petitioners/accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two sureties for the likesum to the satisfaction of the Investigating Officer. ii. They shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled. iii. They shall not tamper with the prosecution witnesses directly or indirectly. iv. They shall appear before the Investigating Officer as and when required and co-operate for investigation. ii. They shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled. iii. They shall not tamper with the prosecution witnesses directly or indirectly. iv. They shall appear before the Investigating Officer as and when required and co-operate for investigation. v. They shall mark their attendance before the Investigating Officer once in 15 days in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed. vi. They shall not leave the jurisdiction of the Court without prior permission.