Allowed

Sri Ashwak @ RIZER(A-14) v. State of Karnataka

Karnataka HC22 Nov 2024CRL.P/11194/2024

Case brief

AI extract

What is this about?

Accused No.14 in a murder case sought bail under Section 439 Cr.P.C. The charge sheet attributed the fatal assault to accused Nos.1 to 8; the petitioner was alleged only to have conspired and instigated. Investigation was complete and he had no serious antecedents. Bail granted on conditions including bond, attendance before police and no tampering with witnesses.

What the court decided

AI extract

Sri Ashwak @ RIZER(A-14) Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11194 OF 2024

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BETWEEN:

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SRI ASHWAK @ RIZER S/O R ISMAIL, AGED ABOUT 36 YEARS, R/AT NEAR QUALITY MUTTON STALL, M K K ROAD, SHIVAMOGGA CITY, SHIVAMOGGA - 577 201

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…PETITIONER (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND:

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STATE OF KARNATAKA BY KOTE P.S. SHIVAMOGGA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001

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Digitally signed by REKHA R Location: High Court of Karnataka

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…RESPONDENT (BY SRI. RAHUL RAI K., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNNS) OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.14 ON BAIL IN CRIME NO.76/2024 REGISTERED BY THE KOTE POLICE, SHIVAMOGGA FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 149, 302, 114, 120-B OF IPC AND SECTION 25(1)(a) OF ARMS ACT PENDING ON THE FILE OF THE HONBLE PIRNCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA IN C.C.NO.641/2024.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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2 - NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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ORAL ORDER

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Accused No.14 in Crime No.76/2024 registered by Kote Police Station, Shivamogga, for the offences punishable under Sections 143, 144, 147, 148, 149, 302, 114 & 120B of IPC and Section 25(1)(A) of Indian Arms Act, is before this Court under section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.76/2024 was registered by Kote

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Police Station, Shivamogga, initially for the offences punishable under Sections 143, 144, 147, 148, 307, 149 of IPC against Adil and 40 to 50 others, on the basis of first information dated 08.05.2024 received from Ezaz Ahamed, father of deceased Yaseen Qureshi. During the course of investigation of the case, the petitioner herein was arrested on 09.05.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against 22 persons for the aforesaid offences. Petitioner herein is arrayed as accused No.14 in the charge sheet.

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3 - NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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The bail application filed by the petitioner in Crl.Misc.No.904/2024 before the jurisdictional Sessions Court was rejected on 28.08.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that allegation against the petitioner is that he had conspired with other accused persons to commit the murder of deceased Yaseen Qureshi and on the date of incident, he had instigated accused Nos.1 to 8 to commit the murder of Yaseen Qureshi. He submits that petitioner is a married man and he is a fruit vendor by avocation. Except one criminal case which was registered against him for the offences punishable under Sections 399 and 402 of IPC, he has no other criminal antecedents and in the said case he is enlarged on bail. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has seriously opposed

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the bail petition and he submits that though there are no serious allegations against the petitioner herein in the

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4 - NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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incident in question about he assaulting the deceased, the incident in question has taken place during broad daylight in public place. In the event the petitioner is enlarged on bail he is likely to involve in similar offences and chances of he tampering with the prosecution witnesses also cannot be ruled out. Accordingly, he prays to dismiss the petition.

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First information was submitted by the father of

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the deceased Yaseen Qureshi on 08.05.2024 in which three accused have been named and the presence of about 50 others persons is mentioned. During the course of investigation the petitioner herein was arrested and remanded to judicial custody. In the charge sheet the petitioner is arrayed as accused No.14. Perusal of the charge sheet would go to show that deceased Yaseen Qureshi is the son in law of the CW-22 Noorulla Ahamed Qureshi and CW-21 Buran Noorulla is the son of CW-22. CW-21 was alleged ill-treating his wife and therefore on the intervening night of 06.05.2024 and 07.05.2024,

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5 - NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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deceased Yaseen Qureshi allegedly had gone to his father in law's house and advised CW-21 not to ill-treat his wife.

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Accused No.1 and his accomplices who had a vengeance against deceased Yaseen Qureshi quarreled with him for the reason that he had entered their area and was unnecessarily creating ruckus in their area. Accused No.1

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and his accomplices allegedly assaulted Yaseen Qureshi with their hands and wooden stick. It is in this background on 08.05.2024 at about 3.30 pm deceased Yaseen Qureshi along with his followers had gone to the house of accused No.1 and had threatened the ladies who were in the house

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with dire consequences to the life of accused No.1. Accused No.1 therefore, conspired with other accused persons on the very same day, to commit the murder of Yaseen Qureshi and in furtherance of such conspiracy accused No.14 allegedly met Yaseen Qureshi near a Bakery at Lashakar Mohalla in Shivamogga town, and when accused No.14 was speaking to Yaseen Qureshi the other accused persons came there in five motor bikes and assaulted Yaseen Qureshi with the deadly weapons which

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NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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they had carried with them. As a result of said assault, Yaseen Qureshi had suffered grievous injuries and immediately he was shifted to hospital. Initially FIR was registered for offences punishable under Sections 143, 144, 147, 148, 307, 149 of IPC. Subsequently injured Yaseen Qureshi had died in the hospital and therefore Section 302 of IPC was invoked in the present case.

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Perusal of the charge sheet material would go to show that allegation of assaulting Yaseen Qureshi with deadly weapons is as against accused Nos.1 to 8. The other accused persons are said to have conspired to commit the murder of Yaseen Qureshi and also had instigated the accused Nos.1 to 8 to commit his murder on 08.05.2024. There is no allegation as against petitioner about he assaulting Yaseen Qureshi, when the other accused persons assaulted him with deadly weapons. According to the prosecution, accused No.14 was speaking with the deceased at the time when the other accused persons arrived to the spot of crime, but there is no

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NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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allegation that the accused No.14/petitioner also joined the other accused persons and assaulted deceased Yaseen Qureshi.

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Accused No.14/petitioner is custody from 09.05.2024, investigation of the case completed and charge sheet has been filed. In the other criminal case which was registered against the accused No.14 for the offences punishable under sections 399 and 402 of IPC he has been already enlarged on bail. The petitioner is said to be a married man, apprehension expressed by the learned

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HCGP can be taken care of by imposing appropriate conditions.

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Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime No.76/2024 registered by Kote Police Station, Shivamogga, for the offences punishable under Sections 143, 144, 147, 148, 149, 302, 114 & 120B of IPC and

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NC: 2024:KHC:47624 CRL.P No. 11194 of 2024

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Section 25(1)(A) of Indian Arms Act, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall mark his attendance before the SHO of Kote Police Station, Shivamogga on every alternative Sunday of the month between 10.00 am to 1.00 pm till the case is disposed off.

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SD/(S VISHWAJITH SHETTY) JUDGE

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ASN

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List No.: 1 Sl No.: 39

Sri Ashwak @ RIZER(A-14) v. State of Karnataka

Case brief

What is this about?

What the court decided

Sri Ashwak @ RIZER(A-14) v. State of Karnataka

Case brief

What is this about?

What the court decided

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Statutes considered

Parties & counsel

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