The High Court of Karnataka dismissed a criminal petition filed by Almas Pasha seeking bail in a murder case. The court rejected submissions regarding lack of evidence and release of co-accused, holding that the grave nature of the offences and grave allegations precluded bail.
Petition for enlargement on bail under Section 482 Cr.P.C. dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2022 BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.5141 OF 2022
BETWEEN:
ALMAS PASHA S/O LATE MOHAMMED IBRAHIM AGED ABOUT 60 YEARS R/AT NO.253/A, 10TH CROSS NEAR HYDER ALI PARK GOUSIYA NAGAR MYSURU – 570 001.
... PETITIONER
(BY SRI A.S.PONNANNA, SR.ADVOCATE A/W SRI PRATHEEP K.C., ADVOCATE)
AND:
THE STATE OF KARNATAKA REP. BY UDAYAGIRI POLICE STATION MYSURU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 01.
... RESPONDENT
(BY SMT.K.P.YASHODHA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.
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NO. 178/2021 OF UDAYAPGIRI P.S., MYSURU CITY FOR THE OFFENCE P/U/S 364, 307, 302, 34, 506, 149, 143, 144, 147, 148, 341, 342, 323, 324 OF IPC ON THE PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC MYSURU.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 10.08.2022, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner is before this Court seeking his enlargement on bail in respect of Crime No.178/2021, registered for the offences punishable under Sections 143, 144, 147, 148, 341, 342, 323, 324, 364, 307, 302, 506 and 149 of the IPC, it having been turned down by the learned Sessions Judge in Crl.Misc.279/2022, by his order dated 11.03.2022.
On 11.03.2021, the deceased Mohammed Sarhan Sunain and one Rubina, a married couple were living together in the house of the complainant. Rubina was having some contacts with her old friends and was always being in conversation with them over phone. Disputes arose between Rubina and brother of the complainant. When the brother of the complainant was working in
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Bengaluru at private company, Rubina joins her husband. On 13.08.2021, the brother of the complainant and his wife - Rubina came back to Mysuru and again indulged in squabble. On 15.08.2021 at about 9.00 a.m., the brother of Rubina by name Khadir Pasha, her father Almas Pasha, one Ajmal Pasha and others came in a Maruthi Omni Van and abused the brother of the complainant and took him in their Maruthi Van. Later, it comes to light that the petitioner along with others have assaulted the brother of the complainant with a chopper and the right hand was chopped and the same was cut into two pieces. After the assault, the brother of the complainant was taken to the hospital, where he succumbed to the injuries sustained in the incident. On the said incident, the petitioner and others were arrayed as accused Nos.1 to 4 for the afore-quoted offences. After registration of the crime, the petitioner was taken into custody and arrayed as accused No.2.
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Crl.P.No.134/202, was withdrawn. Therefore, the petitioner has filed the subject petition seeking his enlargement on bail.
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are grave allegations against the petitioner and therefore, submits that he should not be granted bail.
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one hand and has made brutal attempts to commit murder of the deceased. The deceased later succumbs to the incident at the hospital and the police after investigation have filed the charge sheet. The summary of the charge sheet at Column No.17 insofar as it pertains to role of the petitioner, reads as follows:
...EªÀ¤UÉ MAzÀÄ UÀw PÁt¸À¨ÉÃPÀÄ JAzÀÄ ºÉüÀÄvÁÛ, MAzÀÄ ªÀÄZÀÑ£ÀÄß vÉUÉzÀÄPÉÆAqÀÄ §AzÀÄ “EªÀ£Àß MAzÉà ¸Áj ªÀÄqÀðgï ªÀiÁrzÀgÉ CªÀ¤UÉ PÀµÀÖ UÉÆvÁÛUÀĪÀÅ¢®è. EªÀÅß £ÀgÀ½-£ÀgÀ½ ¸ÁAiÉÄâÃPÀÄ, ºÀAUÉà ªÀÄqÀðgï ªÀiÁqÉâÃPÀÄ” JAzÀÄ ºÉýzÁUÀ 5 & 6 £Éà DgÉÆæUÀ¼ÀÄ ªÀÄÈvÀ£À §®PÉÊAiÀÄ£ÀÄß £ÀÄ®Äa »rzÀÄPÉÆAqÀgÉ, 3£Éà DgÉÆæAiÀÄÄ ªÀÄÈvÀ£À PÁ®ÄUÀ¼À£ÀÄß C®ÄUÁqÀzÀAvÉ »rzÀÄPÉÆAqÁUÀ ªÉÆzÀ°UÉ 2£Éà DgÉÆæAiÀÄÄ vÀ£Àß §½¬ÄzÀÝ ªÀÄaѤAzÀ ªÀÄÈvÀ£À §® PÉÊUÉ ºÀ®ªÀÅ ¨Áj eÉÆÃgÁV ºÉÆqÉ¢zÀÄÝ, £ÀAvÀgÀ 1£Éà DgÉÆæAiÀÄÄ CzÉà ªÀÄaѤAzÀ CzsÀð KmÁVzÀÝ ªÀÄÈvÀ£À §® PÉÊUÉ ªÀÄvÉÛ ªÀÄvÉÛà ºÉÆqÉzÀÄ, ªÀÄÈvÀ£À §® PÉÊAiÀÄ£ÀÄß PÀmï ªÀiÁrzÀÄÝ, £ÀAvÀgÀ 3£Éà DgÉÆæAiÀÄÄ 1£Éà DgÉÆæAiÀÄ §½¬ÄzÀÝ ªÀÄZÀÑ£ÀÄß ¥ÀqÉzÀÄPÉÆAqÀÄ ªÀÄÈvÀ£À §® ªÉÆtPÉÊ, JqÀ ªÉÆtPÉÊ ºÁUÀÆ PÉÊ & PÁ°£À §½UÉ ºÉÆqÉzÀÄ UÁAiÀĪÀ£ÀÄßAlÄ ªÀiÁqÀÄwÛgÀĪÁUÀ 5£Éà DgÉÆæAiÀÄÄ “»ÃUÉ ºÉÆqÉzÀgÉ K£À DUÀ®è” JAzÀÄ ºÉüÀÄvÁÛ, 3£Éà DgÉÆæ¬ÄAzÀ ªÀÄZÀÑ£ÀÄß ¥ÀqÉzÀÄPÉÆAqÀÄ ªÀÄÈvÀ£À §®PÁ°UÉ 5-6 ¨Áj ºÉÆqÉ¢zÀÄÝ, DUÀ 6£Éà DUÉÆæAiÀÄÄ 5£Éà DgÉÆæ¬ÄAzÀ CzÉà ªÀÄZÀÑ£ÀÄß ¥ÀqÉzÀÄPÉÆAqÀÄ 3-4 ¨Áj ªÀÄÈvÀ£À §®PÁ°UÉ ºÉÆqÉzÀÄ ªÀÄÈvÀ£À §®PÁ®£ÀÄß ¨sÁUÀ±À: PÀmï ªÀiÁrzÀÄÝ, F J¯Áè ªÀÄaÑ£À KlÄUÀ½AzÀ ªÀÄÈvÀ£À ªÉÄʪÉÄÃ¯É DVzÀÝ PÀvÀÛj¹zÀ UÁAiÀÄUÀ½AzÀ ºÁUÀÆ wêÀæ gÀPÀÛ¸ÁæªÀ¢AzÀ ªÀĺÀªÀÄzï ¸ÀºÁð£ï ¸ÀÄ£ÉÊ£ï JA¨ÁvÀ£ÀÄ ªÀÄÈvÀ¥ÀnÖgÀĪÀÅzÀÄ vÀ¤SɬÄAzÀ zsÀÈqÀ¥ÀnÖgÀĪÀÅzÀjAzÀ DgÉÆæUÀ¼À «gÀÄzÀÝ ªÉÄîÌAqÀ PÀ®AUÀ¼À CrAiÀÄ°è zÉÆõÁgÉÆÃ¥ÀuÉ ªÀiÁqÀ¯ÁVzÉ.”
The findings in the charge sheet is that, the petitioner was the first person to take the chopper and cut the hands and later hit the deceased along with the stick, which results in chopping of the entire hand of the brother of the complainant. When these being
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the allegations, which are grave enough to anticipate danger if the petitioner would get enlarged on bail notwithstanding the fact that the charge sheet is filed and he is not required for further interrogation. The enlargement of the petition cannot be based only on mere filing of the charge sheet but the facts and circumstances of the case, the gravity of the offences and the anticipation of threat by the petitioner are also to be looked into.
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Sd/JUDGE
nvj CT:MJ
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a case involving charges of attempt to murder and culpable homicide.
Whether the filing of the charge sheet entitles an accused to release on bail when offences are of grave nature.
2 provisions across 2 enactments
Almas Pasha
State of Karnataka
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
