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2020 DIGILAW 305 (KAR)

Imamsab @ Shabaz And Others v. State Of Karnataka

2020-02-03

SURAJ GOVINDARAJ

body2020
JUDGMENT 1. The present petition has been filed under Section 439 of Cr.P.C. 2. The case of the prosecution is that on 01.11.2019 at about 11.00 p.m., after watching Karnataka Rajyotsava precession at Channamma circle, when the complainant Niranjan and his friend Prashant were returning to their house via Kakatives road near Shanivar Khoot, three to four unknown persons were standing by one side of the road, came towards them. One of them kicked complainant on his chest and on being questioned by Niranjan, another person pierced his neck with sharp knife causing injuries that bled. Thereafter those persons fled from the spot. The injured was shifted to District Civil Hospital, Belagavi, where he underwent treatment as an out-patient and discharged thereafter. On the above allegations a complaint in Crime No.77/2019 was registered by Khade Bazar Police for the offences punishable under Sections 326, 323 r/w 34 of IPC against unknown 3-4 persons. 3. Thereafter the investigating officer had filed a requisition on 30.11.2019 to the III JMFC Court, Belagavi for adopting the original FIR under Section 143, 147, 148, 341 and 307 r/w 149 of IPC which was allowed. The petitioners were identified from C.C.T.V footage produced before the III JMFC Court and remanded to judicial custody on 01.12.2019. 4. The petitioners had filed bail application in Criminal Miscellaneous No.2681/2019 before the Principal Sessions Judge, Belagavi which came to be rejected on 18.12.2019 on the ground that bail should not be granted if the crime charged is of the highest magnitude of punishment assigned by law and is of extreme severity. 5. Having perused the complaint and order of the learned Sessions Judge, this Court is of the opinion that the appreciation of the facts by the learned Sessions Judge is not correct. Though the injured was administered medical treatment at District Civil Hospital at Belagavi on 01.11.2019, he was treated only as an out-patient and he was discharged immediately. There is no medico legal case registered by the hospital concerned. Thus the injuries, if at all are simple injuries and therefore the finding of the Sessions Judge that the offence is of highest magnitude punishment with imprisonment for life is completely misplaced. 6. Learned HCGP submits that the investigation is complete and charge sheet has been filed on 28.01.2020. 7. Thus the injuries, if at all are simple injuries and therefore the finding of the Sessions Judge that the offence is of highest magnitude punishment with imprisonment for life is completely misplaced. 6. Learned HCGP submits that the investigation is complete and charge sheet has been filed on 28.01.2020. 7. The petitioners have submitted that they are permanent residents of Belagavi and that they are law abiding citizens and they would comply with any condition that may be imposed by this Court in the event of grant of bail in their favour. 8. In view of the discussions above, this Court is of the opinion that the petitioners are required to be released on bail. Hence, The petition filed under section 439 of Cr.P.C. is allowed with the following conditions; (a) Each of the petitioners shall furnish bond of Rs.50,000/- (Rs.Fifty Thousand only) with like surety. (b) Each of the petitioners shall appear before the concerned jurisdictional Court on every date of appearance without fail. (c) Petitioners shall not tamper with any evidence or any witness of the prosecution. (d) Each of the petitioners shall furnish list of immovable properties owned by them to the investigating officer.