Criminal Court granted anticipatory bail to three petitioners implicated only via voluntary statements in a serious assault case. Bail for the identified accused was rejected, directing him to apply for regular bail post-charge sheet.
Petitioners enlarged on self bond of Rs.10,000/ each with three sureties; prayer for petitioner No.2 rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7TH DAY OF JUNE, 2013
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.2808 OF 2013
Between:
Occ: Shamiyan Supplier
Occ: Prop. Footwear Shop
(By Sri. B. Pramod, Advocate)
And:
State of Karnataka By the State Public Prosecutor High Court of Karnataka Bangalore-1 …Respondent
(By Sri. Satish.R.Girji, HCGP)
This Criminal Petition is filed under Section 439 Cr.P.C. by the advocate for the petitioners praying that this Hon’ble court may be pleased to enlarge the petitioners on bail in Crime No.79/2013 of Hosadurga Police Station, Hosadurga, for the offences P/U/S/ 143, 147, 148, 364, 307 R/W 149 of IPC.
This Petition coming on for orders this day, the Court made the following:-
ORDER
These petitioners are said to be accused Nos.1, 3, 4 and 7,
in a pending case, in the following circumstances.
The complainant Nisar Ahamed in his complaint dated 26.3.2013, before the Hosadurga police, has alleged that his son
Yusuf Ali was in love with a girl by name Ayeesha Banu, daughter of Saleem. It transpires that Saleem’s family learnt of the affair and therefore had strictly warned Yusuf Ali to keep away from Ayeesha Banu. The complainant had also advised
his son, on coming to know of this, that he should keep away from her. The complainant had advised his son to move to Tumkur and be away from Ayeesha Banu. However, it transpires that on 25.3.2013 at about 7.30 p.m. when Yusuf Ali was at home he was called by a friend to come to the Middle School Playground in the town. When the petitioner had gone there he was immediately taken in a car allegedly by the accused and several others to Attimage and assaulted him causing serious injuries resulting in three fractures to his legs and facial bones and he was hospitalized. In that background a case has been registered against the present petitioners as well as others for offences punishable under Sections 143, 147, 148, 364, 307 read with Section 149 of the Indian Penal Code, 1860 and the present petitioners have been arrested whereas the other accused are enlarged. The present petitioners having approached the court below seeking bail the same has been rejected on the footing that the petitioners are named by the
injured witness and that the injuries suffered by the injured witness are serious in nature. The injured witness has named the present petitioner No.2 as one of the assailants. However, though he has mentioned that there were several others he has not been able to name the other petitioners who are before this court seeking anticipatory bail in another petition filed by the said accused Nos.2, 5 and 6. This court has denied bail on the ground that the investigation is yet to be completed and the chargesheet is yet to be filed. Since the present petitioner No.2 is one of the assailants named by the injured witness, he would hardly be entitled to be enlarged on bail. Since petitioner Nos.1, 3 and 4 who are accused Nos.1, 4 and 7, respectively, are sought to be implicated, only on the basis of a voluntary statement it cannot be said that they are squarely implicated in the case. Therefore, at the present point of time it cannot be said that a case has been made out against them. Hence in the event of their arrest they shall be enlarged on bail on their
furnishing self bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with three solvent sureties for a like sum. In so far as the prayer of petitioner No.2 namely accused No.3 is concerned, the same is rejected, as he has been identified by the injured witness. He is at liberty to seek regular bail, if at all, after the investigation is completed and the charge sheet has
been filed.
SD/JUDGE
YKL
1 issue framed by the court
Whether accused in serious offences causing serious injuries should be enlarged on bail pending investigation.
1 provisions across 1 enactments
Akram S/o Anwar Sab
Syed Babu S/o Syed Sabjan Sab
Syed Nazirulla
State of Karnataka
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
