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Karnataka High Court · body

2020 DIGILAW 978 (KAR)

M. M. Abdul Kareem v. State Of Karnataka

2020-06-05

K.SOMASHEKAR

body2020
JUDGMENT 1. This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.65/2019 of Napoklu police Station for the offences punishable under Section 307, 353, 504, 114 read with section 34 of IPC, beside Sections 3 and 25 of the Indian Arms Act. As the police are making hectic efforts to apprehend the accused, he has filed this petition seeking anticipatory bail in the event of his arrest among other grounds urged therein. 2. Factual matrix of the petition as under: Based upon the information of the ASI of Napoklu Police Station namely K.Y.Hameed, FIR came to be recorded on 25.09.2019 in Crime No.65/2019 of Napoklu Police Station, Madikeri Rural Circle for the offences aforementioned. It is stated in the complaint that as per the instructions of Superintendent of Police, Kodagu District, on 25.09.2019 the police personnel had formed one group to apprehend the petitioner in Crime No.64/2019 and went to the house of the petitioner at about 9.30 a.m. and knocked the door. They told the petitioner they had come to enquire him in respect of Crime No.64/2019. At that time, the petitioner and his two wives abused the police personnel and one of his wife gave SBBL gun to the petitioner and he fired through the said Gun over the police. On such firing, the bullet hit the compound wall and thereafter, the petitioner ran away from the scene of crime along with the SBBL gun. Since then the petitioner is not available for investigation. 3. Heard learned counsel Sri S.Balakrishnan for the petitioner and learned HCGP for respondent State. 4. Learned counsel for the petitioner contends that there are no ingredients to constitute the offence under Section 307 of IPC and so also Section 353 of IPC. Despite of it the police are making hectic efforts to apprehend the petitioner for the alleged crime. It is further contended that the petitioner being a permanent resident of Yemmemadu Village of Madikeri Taluk and having movable and immovable properties and there is no chance of he absconding or avoiding trial. He is apprehending arrest at the hands of respondent police. It is further contended that the petitioner is ready and willing to abide by the terms and conditions to be imposed by this Court while considering the bail petition. 5. He is apprehending arrest at the hands of respondent police. It is further contended that the petitioner is ready and willing to abide by the terms and conditions to be imposed by this Court while considering the bail petition. 5. Petitioners counsel further submits that he is ready to surrender before the concerned Court in respect of Crime No.65/2019 and the Court below may be directed to consider the bail application to be filed by him on the same day. These are all the contentions as taken by learned counsel for the petitioner seeking for allowing the present petition. 6. Per contra, learned HCGP for the State has taken me through the averments made in the complaint relating to the case in Crime No.65/2019 wherein the accused is absconding since from the date of registration of the case. It is further contended that the investigation is pending and it is not appropriate at this stage to grant anticipatory bail as where the petitioner/accused has fired over the police personnel who had went to enquire him in respect of crime No.64/2019 where one of his wife facilitated the SBBL gun to him. But the bullet fired from the said gun had hit the compound wall. Thereafter he ran away from the scene of crime. Therefore, considering the nature of offence, learned HCGP seeks for dismissal of the petition as the case is yet to be investigated and also material documents have to be collected. 7. It in this context of the contentions as taken by the learned counsel for the petitioner and so also, counter made by learned HCGP, it is relevant to refer the case in Crime No.64/2019 which is pending for investigation and so also, Crime No.65/2019 is also pending for investigation. From the perusal of averments made in the FIR it is noticed that the petitioner has made an attempt to take away the life of police personnel on 25.09.2019 by firing with SBBL gun which was facilitated by his wife. The police personnel had gone there to enquire him in respect of Crime No.64/2019. But the bullet fired from the SBBL gun had hit the compound wall and thereafter, the accused ran away from the scene of crime with the SBBL gun. 8. The police personnel had gone there to enquire him in respect of Crime No.64/2019. But the bullet fired from the SBBL gun had hit the compound wall and thereafter, the accused ran away from the scene of crime with the SBBL gun. 8. Having gone through the FIR and the contentions as urged by the learned counsel for the petitioner and learned HCGP, the investigation is not yet completed and the statement of witnesses and material documents have to be collected. Therefore, at this stage, it does not require any detailed discussion to consider the submission made by the learned counsel for petitioner in respect of surrender. This petition is filed by the accused apprehending arrest by the respondent police in respect of the aforesaid crime. Mere fear is not a belief unless it is well founded with reasons. Therefore, it is said that the petitioner/accused is not deserving any anticipatory bail as sought for in this petition, consequently the petition stands rejected. 9. However, keeping in view the submission made by the learned counsel for the petitioner and so also, the involvement of the accused in Crime No.65/2019, it is said that the accused shall surrender before the Court of Additional Civil Judge(Jr.Dn) and JMFC, Madikeri, Kodagu District in Crime No.65/2019 of Napoklu Police Station forthwith. The accused is permitted to file regular bail application on the same day and the Court below shall dispose of the said application in accordance with law by giving an opportunity to the prosecution to file necessary objections, if any.