ABDUL REHAMAN @ MUNNA KHATAL AHAMAD KHAN v. STATE OF KARNATAKA BY MARKET P. S. AUTHORITIES BELAGAVI
2020-02-04
SURAJ GOVINDARAJ
body2020
DigiLaw.ai
ORDER : 1. The petitioner is before this Court seeking for his release on regular bail in regard to Crime No.160/2019 on file of JMFC-II Court, Belagavi filed for offences under Sections 143, 148, 307, 323, 504, 506 read with 149 of IPC. 2. The allegation of the complainant is that on 08.12.2019 at about 8.30 p.m., the complainant Akshyay Sanjay Birje along with his brother had been to Delhi Darbar Hotel for taking parcel of biriyani and after ordering for the same, they had gone near Kakargalli and were waiting there and at that time, one person came there and told them to not stand there and go somewhere else. When the complainant replied to that person that they were waiting for parcel and they will go once it is ready. Immediately, thereafter, it is alleged that 7-8 persons suddenly came there and attacked them and complainant and his brother with difficulty escaped from the spot and went to the City Bus Stand Circle where the accused by name Khaja Shakilahamad Khan and about 15 persons chased them and assaulted the complainant and his brother with stones. Thereafter, the complainant was shifted to hospital and he gave a complainant which came to be registered in Crime No.160/2019 for the aforesaid offences. The petitioner was arrested by the police authorities on 15.12.2019 and since then, the petitioner is in judicial custody. 3. The petitioner had made an application for bail before the 11th Additional Sessions Judge, Belagavi which came to be rejected by order dated 06.01.2020 passed in Crl.Misc.No.2877/2019 on the ground that investigation of the Crime is in progress and in order to ascertain the truth of the matter, the petitioner is required. If the petitioner is released on bail, there is a likelihood of tampering the evidence and threatening the prosecution witnesses. 4. Aggrieved by the said order, the petitioner is before this Court seeking for release on regular bail contending that the investigation is completed and the petitioner is not required for custodial interrogation, injuries are minor injuries, the complainant has already been discharged from the hospital, there is no threat to the life of the said complainant and the offence if any can only be said to be grievous injury which is not punishable by life imprisonment.
The petitioner would co-operate with the investigating authorities and he would abide by any conditions imposed by this Court, if he were to be released on bail. 5. Having considered the facts, more particularly, fact that the complainant has suffered only minor injuries and there is no serious allegation of pre-motivated attack on the complainant and the petitioner not being required for custodial interrogation, he is required to be released on bail with following conditions. ORDER The petition filed under Section 439 of Cr.P.C. is allowed. The petitioner shall be released on bail in connection with Crime No.160/2019 of Market Police Station, Belagavi District for the offences punishable under Sections 143, 147, 148, 307, 323, 504, 506 read with 149 of IPC now pending on the file of JMFC., II – Court, Belagavi, subject to the following conditions: i. The petitioner shall execute his personal bond for a sum of Rs.50,000/-with surety for the likesum to the satisfaction of the jurisdictional court; ii. The petitioner shall appear before the Committal Court on every date of hearing; iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings. iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner. v. The petitioner shall not leave the jurisdiction of the trial court without prior permission, till the case registered is disposed of.