Allowed

Khaja Nawaz @ Nawaz Pasha v. State by

Karnataka HC16 Nov 2022CRL.P/9436/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka granted anticipatory bail to the petitioner under Section 438 Cr.P.C. in a FIR involving sections 323, 353, and 504 IPC. The court held the offences were triable by a magistrate without need for custodial interrogation and imposed six conditions.

What did the court decide?

Petitioner enlarged on bail in the event of arrest by executing a personal bond of Rs.50,000/- with one surety, subject to specific conditions including surrender within 15 days.

Khaja Nawaz @ Nawaz Pasha Vs State by — Bail and Remand | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^th DAY OF NOVEMBER 2022

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BEFORE

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THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

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CRIMINAL PETITION NO. 9436 OF 2022

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BETWEEN:

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KHAJA NAWAZ @ NAWAZ PASHA S/O A.K.NAWAZ JAN, AGED ABOUT 39 YEARS R/A NO.20/1, CHANDINI CHOWK ROAD, KUPPASWAMY NAIDU ROAD, BENGALURU-560 051.

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… PETITIONER

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(BY SRI. RAGHUNATH M.D., ADVOCATE)

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AND:

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STATE BY SHIVAJINAGAR POLICE STATION-560 051 BY STATE PUBLIC PROSECUTOR, REP. BY HIGH COURT PLEADER, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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… RESPONDENT

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(BY SRI. K.NAGESHWARAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON THE BAIL IN THE EVENT OF HIS ARREST IN CR.NO.97/2022 REGISTERED BY SHIVAJINAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS. 323, 353, 504 OF IPC AND ETC.,

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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This petition is filed by the petitioner under Section 438 of Cr.P.C for enlarging him on bail in the event of his arrest in Crime No.97/2022 of Shivajinagar Police Station, registered for the offences punishable under Sections, 323, 353, 504 of IPC.

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Heard the learned counsel for petitioner and learned HCGP for State. Perused the records.

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The brief factual matrix leading to the case are that on 26.08.2022, the complainant along with Syed abeedh and Abhishek went to the house of Nawaz Pasha in order to collect the arrears of electricity bills of Rs.10,911/- and he was directed to disconnect the electricity to the said establishment of the petitioner in case, he fails to pay the arrears and when they went there at 12.30 p.m., the petitioner abused them in filthy language and assaulted the complainant and others by hand and obstructed them in discharging their duty. Hence this complaint is filed.

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On the basis of the complaint crime came to be registered and petitioner apprehending his arrest has approached the learned Sessions Judge and learned Sessions Judge has rejected the bail petition. Hence petitioner is before this Court.

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Having heard the arguments and perusing the records, it is evident from the records that the dispute has taken place in respect of disconnection of electricity. According to the prosecution the petitioner was in arrears of bill of Rs.10,911/- to the Department and the complainant went there for collecting the same and also to disconnect, in case of non payment and at that time it is alleged that there was certain scuffle and he was threatened and abused by assaulting. The records further disclose that the supply of electricity was already disconnected. The offence alleged are not punishable for death or life imprisonment and are triable by magistrate. There is nothing to be recovered from the custody of the petitioner and custodial interrogation is not required.

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Under these circumstances, I do not find any impediment for admitting the petitioner on bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, petition needs

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to be allowed and accordingly, I proceed to pass following:-

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ORDER

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The petition is allowed .

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The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.97/2022 of Shivajinagar Police Station, registered for the offences punishable under Sections 323, 353, 504 of IPC on his executing a personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned I.O/SHO, subject to following conditions:-

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i) The petitioner shall not tamper with the prosecution witnesses directly or indirectly;

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ii) The petitioner shall not indulge in any similar offences;

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iii) The petitioner shall not leave the jurisdiction of the Court without prior permission of the Trial Court;

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iv) The petitioner shall appear before the Court, on all the dates of hearing, unless they were exempted by a specific order.

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(v) Petitioners shall surrender before the concerned Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall release him on bail as directed.

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(vi) The Petitioner shall mark his attendance before the Investigating Officer/SHO between 9.00 a.m. and 5.00 p.m. on every first Monday of the month till the final report is submitted.

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Sd/JUDGE

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Khaja Nawaz @ Nawaz Pasha v. State by

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Khaja Nawaz @ Nawaz Pasha v. State by

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