Allowed

Mohammed Gouse Ismail Saab v. the State of Karnataka

Karnataka HC7 Sept 2023CRL.A/100381/2023

Case brief

AI extract

What is this about?

The High Court allowed criminal appeals filed by appellants accused of violent assault under IPC and SC/ST (PoA) Act. The Court set aside the denial of bail, holding continued custody unnecessary after chargesheet filing, and enlarged them on bail with stringent conditions including bonds and prohibitions on witness tampering.

What did the court decide?

The impugned order is set aside. Appellants are enlarged on regular bail subject to executing a personal bond of Rs.50,000/- with two sureties, furnishing address proof, not tampering with witnesses,

Mohammed Gouse Ismail Saab Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2023)

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NC: 2023:KHC-D:10159 CRL.A No. 100381 of 2023 C/W CRL.A No. 100347 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL APPEAL NO. 100381 OF 2023 (U/S 14 A(2) of SC and ST ACT) C/W

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CRIMINAL APPEAL NO. 100347 OF 2023

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IN CRL.A.NO.100381/2023:

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BETWEEN:

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MOHAMMED GOUSE ISMAIL SAAB, AGE ABOUT 21 YEARS, OCC: COOLIE, R/O KUPPEGADDE, TQ: SIRSI, DIST: KARWAR-581401.

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…PETITIONER

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(BY SRI. NAGARAJ C.KOLLOORI AND SRI. MALLIKARJUN B.MADANALLI, ADVOCATES)

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AND:

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.0814:57:56 +0530

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THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD, THROUGH VIDE BANVASI POLICE STATION, SIRSI CIRCLE, U.K. KARWAR-581301.

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SRI DIXITH S/O MAHENDRA ALKUTI, AGE: 19 YEARS, OCC: COOLIE, R/O KUPPAGUDDE, KUPPEGADDE, SIRSI, U.K.-581401.

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…RESPONDENTS

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(BY SMT.GIRIJA S.HIREMATH, HCGP FOR R1; SMT.SITALAXMI PURLI, ADVOCATE FOR R2)

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NC: 2023:KHC-D:10159 CRL.A No. 100381 of 2023 C/W CRL.A No. 100347 of 2023

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THIS CRIMINAL APPEAL IS FILED U/SEC. SEC. 14A(2) OF SC/ST ACT SEEKING TO SET ASIDE ORDER DATED 30.06.2023 IN SPECIAL CASE NO. 47/2023 PASSED BY THE OURT OF THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR AND ENLARGE THE APPELLANT/ACCUSED NO.3 ON REGULAR BAIL IN SPECIAL CASE NO.47/2023 (CRIME NO.31/2023 OF BANAVASI P.S.) FOR OFFENCE P/U/SEC. 323, 324, 326, 307, 504, 506 R/W SEC. 34 OF IPC AND SEC. 3(1)(r), 3(1)(s), 3(2)(va) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 AND AMENDMENT ACT, 2015, PENDING ON THE FILE OF THE COURT OF THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, WITH SUCH CONDITIONS.

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IN CRL.A.NO.100347/2023:

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BETWEEN:

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AMAN MOHAMMED, S/O HANEEF SHAIKH, AGE: 24 YEARS, OCC: WELDING WORK, R/O AREKOPPA, TQ: SIRSI, DIST: KARWAR-581401.

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…PETITIONER

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(BY SRI. GANAPATI M.BHAT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS P.S.I., BANAWASI POLICE STATION, SIRSI CIRCLE, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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SRI DIXITH S/O MAHENDRA ALAKUNTI, AGE: 19 YEARS, OCC: COOLIE, R/O KUPPAGUDDE, SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA.-581401.

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…RESPONDENTS

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(BY SMT.GIRIJA S.HIREMATH, HCGP FOR R1; SMT.SITALAXMI PURLI, ADVOCATE FOR R2)

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NC: 2023:KHC-D:10159 CRL.A No. 100381 of 2023 C/W CRL.A No. 100347 of 2023

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THESE APPEALS, COMING ON FOR DICTATION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Appellants who are arraigned as accused No.2-Aman Mohammed and accused No.3-Mohammed Gouse Ismail have filed these two separate appeals under Section 439 of Code of Criminal Procedure (for short, ‘Cr.P.C.’) to grant them bail in Crime No.31/2023 of Banavasi Police Station for the offences punishable under Sections 323, 324, 326, 307, 504, 506 read with Section 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Amendment Act, 2015 (for short, ‘SC/ST (POA) Act’).

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In support of their appeals, the appellants have contended that there are no reasonable grounds to believe that they have committed the offences which are punishable with death or imprisonment for life. The appellants and another person (accused No.1) are falsely implicated in connection with a dispute for return of Rs.300/-. There was no motive or intention on the part of appellants to commit the alleged offences. There is no direct or indirect material to connect them with the alleged crime. Appellants are arrested on 13.03.2023 and since then they are in custody. They are the only earning members of the family having the responsibility of taking care of their family members. They are permanent residents of the address given in the cause title, owning movable and immovable properties. They are ready and willing to abide by any conditions that may be imposed and prays to allow the appeals.

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Learned High Court Government Pleader appears for respondent/State.

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After due service of notice, respondent No.2/complainant has appeared through counsel and filed statement of objection stating that looking to the charge sheet and the nature of injury suffered, prima facie case is made out and there are reasonable grounds to believe that all the accused persons including the appellants have committed the offences alleged which are non-bailable. Though the investigation is completed and charge sheet is filed, looking to the gravity of the accusation, appellants are not entitled for bail.

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4.1 The statements of CWs.8 to 12 clearly indicates active participation of all the accused persons including the appellants. The charge sheet reveal that accused Nos.1 to 3 called the complainant and his friend Sunil with the intention of killing them and they abused in filthy language and also referring to their caste in the public place. They assaulted the complainant and Sunil with knife and iron punch due to which complainant has suffered grievous injuries. Only after Manjunath and Hanumantappa came to

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the spot, they ran away. In the event of granting bail, appellants may threaten or tamper with the witnesses. They may also abscond and thereby delay and protract the proceedings and prays to reject the appeals.

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Heard arguments and perused the record.

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On 12.03.2023, complainant who belong to

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Hindu Bhovi, which comes under scheduled caste, lodged a complaint stating that about one week back, accused No.3 had borrowed Rs.300/- from him as a hand-loan and promised to repay it within a week. On 12.03.2023 in the morning, he met accused Nos.1 to 3 at Kuppagudde Circle and he demanded accused No.3-Mohammed Gouse to return the money. However he gave threat to his life. Again on the same day in the evening, accused No.3Mohammed Gouse asked him to come to Kannada school of Hoskoppa and that he would return the hand-loan taken from him. Accordingly, complainant and CW8-Sunil went to the Kannada school of Hoskoppa. Accused Nos.1 to 3 were there and when he requested accused No.3 to return

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the money, he questioned which money he is supposed to return. At this stage, accused No.1-Jabiulla Ibrahim Sab referring to their caste said that they belong to low caste and whether you people want Muslim girls and so saying, with iron punch and accused No.2/Aman with a knife assaulted the complainant on his right eyebrow, left knee and left thigh.

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Accused No.1-Jabiulla Ibrahim Sab assaulted the complainant with iron punch on his forehead, stomach, right leg, left thigh and left hand. When both of them fell down, all the accused persons kicked them with legs. Only when Manju Waddar and Huchhesh Waddar, and passers by came to their rescue, the accused persons left the place giving threat to their life. They left the knife and iron punch at the spot. The injured persons were shifted to Sirsi Government Hospital and from there Sunil also took treatment at TSS Hospital, Sirsi and Shivaleel Hospital, Hubballi.

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Based on the complaint, the concerned police

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have registered the case in Crime No.31/2023 for the offences punishable under Sections 323, 324, 326, 307, 504 and 506 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act and taken up investigation. After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 3 for the offences punishable under Sections 323, 324, 326, 307, 504 and 506 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act.

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Now the appellants who are accused Nos.2 and 3 are seeking regular bail contending that they have been falsely implicated. They have also alleged that on 02.03.2023, Sunil assaulted accused No.1 on his left hand and caused bleeding injury. He was taken to Banavasi General Hospital, Sirsi and admitted as inpatient. While he was undergoing treatment, concerned police have arrested him. In this regard, he has filed complaint in Crime

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NC: 2023:KHC-D:10159 CRL.A No. 100381 of 2023 C/W CRL.A No. 100347 of 2023

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No.32/2023 against the present complainant and injured CW8-Sunil for the offences punishable under Sections 324, 504 and 506 read with Section 34 IPC. In the said case, complainant and CW8-Sunil are released on bail.

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After completing investigation, charge sheet is filed against the accused Nos.1 to 3 (including the appellants) for the offences punishable under Sections 323, 324, 326, 307, 504 and 506 read with Section 34 of IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. However the charge sheet do not state what happened to the complaint filed by accused No.1 and no explanation is forthcoming with regard to the injuries suffered by him. Anyhow, having regard to the fact that already charge sheet is filed, continued custodial presence of the appellants is no longer required for the purpose of investigation. Ofcourse the interest of the prosecution is required to be safeguarded by imposing stringent conditions. Thus, from the above, this Court is of the

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considered opinion that the appellants are entitled for bail

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and accordingly the following:

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ORDER

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Criminal Appeals are allowed.

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The impugned order dated 30.06.2023 passed by the learned II Addl. District and Sessions Judge, Uttara Kannada, Karwar, is set-aside.

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The appellants/accused Nos.2 and 3 are ordered to be enlarged on bail in Crime No.31/2023 of Banavasi Police Station, subject to following conditions:

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