This criminal bail petition under Section 439 Cr.P.C. was rejected. The High Court held that despite the invocation of Section 149 IPC, the prima-facie materials, including recovered weapons and injury photographs, established high offence gravity and founded apprehension of inability to face trial, disentitling the petitioner to bail.
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.
CRL.P No. 364 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 364 OF 2023
BETWEEN:
SRI NIZAM @ MOHAMMED NIZAM S/O SAHUL HAMEED AGED ABOUT 25 YEARS, R/AT PURIYA HOUSE, PERNE VILLAGE, BANTWAL TALUK, DK-575 018
…PETITIONER
(BY SRI.HARISH.T.BANDARY, ADVOCATE FOR SRI. ASHOK KUMAR SHETTY K, ADVOCATE)
AND:
Digitally signed by CHAITHRA A
Location: High Court of Karnataka
STATE OF KARNATAKA UPPINANGADY POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001
…RESPONDENT
(BY SRI.VINAYAKA.S, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.122/2022 REGISTERED BY UPPINANGADI POLICE STATION, DAKSHINA KANNADA FOR THE OFFENCE P/U/S 447, 504, 323, 324, 307, 506, 143, 147, 148 R/W 149 OF IPC AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CRL.P No. 364 of 2023
ORDER
Heard Sri.Harish T. Bandary, learned counsel for the petitioner and Sri.Vinayaka S., learned HCGP for respondentState.
“WHEREFORE, it is respectfully prayed that this Hon’ble Court may kindly be pleased to enlarge him on bail in Crime No.122/2022 of Uppinangady Police Station, registered for the offence punishable under sections 447, 504, 323, 324, 307, 506, 143, 147, 148 read with section 149 of IPC by the Court of V Addl. District and Sessions Judge, Puttur, D.K in the interest of justice.”
A complaint came to be lodged by Smt. Tahira, wife of Usman Beary on 26.11.2022 to Uppinangady Police, which was registered in Crime No.122/2022 for the offence punishable under Sections 447, 504, 323, 324, 307, 506, 143, 147, 148 read with Section 149 of IPC.
Being surprised as to who is banging the front door, the injured being the husband of the complainant opened the front door. At that juncture, petitioner and others who had assembled their abused the injured in filthy language. At that juncture, the brother-in-law of the complainant was called by the complainant and when he arrived, the accused persons assaulted him with hands. When the husband of complainant tried to rescue the complainant and his brother, petitioner and others assaulted the husband of the complainant and in the said altercation, the petitioner assaulted the husband of the complainant with a knife on the chest. He has also assaulted the injured with stick and stones. The incident has occurred on account of the complainant having failed to give her daughter in marriage to the petitioner herein.
and ran away on the two wheelers on which they had arrived to the spot. Thereafter, the injured was shifted to hospital and the complaint was lodged.
CRL.P No. 364 of 2023
Petitioner and others approached the District Court for grant of bail in Crl.Misc.No.5255/2022. The learned District Judge granted bail for two of the accused persons and denied bail to the present petitioner noting specific overt-acts alleged against the petitioner herein by his order dated 19.12.2022.
grounds by contending that the photographs of the injured would clearly depict the individual overt-acts attributable to the
CRL.P No. 364 of 2023
petitioner herein and there is a cut injury on the chest and the weapon that has been used to cause the said injury has been recovered at the instance of the petitioner, which would primafacie establish the nexus between the petitioner and the incident and having regard to the nature of the offence, petitioner is not entitled for grant of bail.
CRL.P No. 364 of 2023
CRL.P No. 364 of 2023
ORDER
The criminal petition is rejected.
Sd/JUDGE
ALB List No.: 1 Sl No.: 41
3 issues framed by the court
Whether the interests of justice suggest enlarging the petitioner on bail despite the gravity of the offence and prima-facie evidence of individual overt acts.
Whether the invocation of Section 149 IPC precludes the trial court from considering individual overt acts for bail purposes in a joint offence.
Whether the filing of a charge sheet and recovery of the weapon used establish sufficient apprehension to deny bail under Section 439 Cr.P.C.
1 provisions across 1 enactments
SRI NIZAM @ MOHAMMED NIZAM
STATE OF KARNATAKA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
