Allowed

Sri Jamilahmad v. the State of Karnataka

Karnataka HC10 Sept 2024CRL.P/201026/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to petitioner Jamilahmad and regular bail to petitioner Nabirasooll. The Court relied on the fact that victims sustained no grievous injuries requiring hospital treatment in a violent incident, leading to the allowance of bail petitions for accused Nos. 3 and 17.

What did the court decide?

Anticipatory bail granted to Petitioner/accused No. 3 and regular bail granted to Petitioner/accused No. 17 subject to bonds of Rs. 1,00,000/- with sureties and various other conditions.

Sri Jamilahmad Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2024)

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NC: 2024:KHC-K:6825 CRL.P No. 201026/2024 C/W CRL.P.NO.200997/2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 201026/2024 C/W

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CRIMINAL PETITION NO.200997/2024

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IN CRL.P.NO.201026/2024:

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BETWEEN:

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SRI JAMILAHMAD S/O ABDUL RAZAK MULLA AGED ABOUT 38 YEARS OCC: COOLIE R/O GACCHIMAHAL GALLIL HAKEEM CHOWK DIST VIAJAYPURA - 586 101.

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…PETITIONER

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(BY SRI S.S. MAMADAPUR, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH PSI GOL GUMBAZ POLICE STATGION, REP BY ITS STATE PUBLIC PROSECUTOR ADVOCATE GENERALS OFFICE HIGH COURT BUILDING KALABURAGI - 585 107.

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…RESPONDENT

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(BY SMT. ANITHA M. REDDY, HCGP)

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THIS CRL.P IS FILED U/S. 438 OF CR.P.C (OLD), U/SEC. 482 OF BNSS (NEW), PRAYING TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN GOLGUMBAZ POLICE STATION, VIJAYPUR CRIME NO. 42/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 341, 323, 307, 427, 504 R/W SECTION 149 IPC

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2 - NC: 2024:KHC-K:6825 CRL.P No. 201026/2024 C/W CRL.P.NO.200997/2024

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ON THE FILE OF THE HONOURABLE PRINCIPAL CIVIL JUDGE (SD) AND CJM COURT, VIJAYPUR ON SUCH TERMS AND CONDITIONS AS THIS HONOURABLE COURT DEEMS FIT TO IMPOSE UPON HIM IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.P.NO.200997/2024:

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BETWEEN:

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NABIRASOOLL @ GUNDYA S/O JILANI KORAWAR AGE 36 YEARS OCC: MECHANIC RESIDENT OF K.H.B. COLONY, J.M. ROAD DIST VIJAYAPURA - 586 101. …PETITIONER

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(BY SRI S.S. MAMADAPUR, ADV.)

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AND:

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THE STATE OF KARNATAKA THROUGH, GOLGUMBAZ POLICE STATION DIST VIJAYAPURA - 586 101 REPTD BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH - 585 107.

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…RESPONDENT (BY SMT. ANITHA M. REDDY, HCGP)

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THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO. 17 IN GOLGUMBAZ PS CRIME NO. 42/2024 DISTRICT VIJAYAPURA, FOR THE OFFENCE PUNISHABLE U/SECS. 143, 147, 341, 323, 307, 427 504 R/W 149 OF IPC PENDING ON THE FILE OF THE PRINICIPAL CIVIL JUDGE (SD) AND CJM COURT, VIJAYAPURA ON SUCH TERMS AND CONSDITIONS AS THIS HONOURABLE COURT DEEMS FIT TO IMPOSE UPON HIM IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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NC: 2024:KHC-K:6825 CRL.P No. 201026/2024 C/W CRL.P.NO.200997/2024

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.3 and accused No.17 are before this Court in these two petitions filed under Section 438 of Cr.P.C. and Section 439 of Cr.P.C. respectively seeking anticipatory bail and regular bail in Crime No.42/2024 registered by Golgumbaz Police Station, Vijayapur, for the offences punishable under Sections 143, 147, 341, 323, 307, 427, 504 and 149 of IPC.

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Heard the learned counsel for the parties.

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Learned counsels for the petitioners submits that accused Nos.1, 7, 9 and 10 have been granted anticipatory bail by this Court in Crl.P.No.200651/2024. They submit that in the incident that had taken place on 11.04.2024 neither the first informant nor her sons have suffered any injuries and they have not taken treatment in any Hospital for the alleged injuries suffered by them. Accordingly, he prays to allow the petitions.

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Learned HCGP, who has opposed the petitions, however, does not dispute the submission made by learned counsel for the petitioners.

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4 - NC: 2024:KHC-K:6825 CRL.P No. 201026/2024 C/W CRL.P.NO.200997/2024

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A perusal of the material available on record would go to show that allegation in the first information regarding assault on the son of the first informant Yaseen, is as against accused No.3 and accused No.6 Tohid allegedly had held Yaseen so as to enable accused No.3 Jamilahmad to assault him on his head with a stone. It is also alleged in the first information that the other accused persons have assaulted another son of the first informant namely Habib. While granting anticipatory bail to accused Nos.1, 7, 9 and 10 in Crl.P.No.200651/2024 disposed of on 03.07.2024, this Court has taken note of the fact that in the incident that had taken place on 11.04.2024, neither the first informant nor her sons Yaseen and Habib have suffered any grievous injuries and they have not taken any treatment for the injuries suffered by them in any Hospital. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners in these petitions requires to be answered affirmatively. Accordingly, the following order:-

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The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner/accused No.3 in the event of his arrest in Crime No.42/2024 registered by Golgumbaz Police Station, Vijayapur, for the offences punishable under Sections 143, 147, 341, 323, 307, 427, 504 and 149 of IPC, subject to the following conditions:

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The Petitioner/accused No.3 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

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Petitioner/accused No.3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner/accused No.3 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioner/accused No.3 shall not involve in similar offences in future;

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The petitioner/accused No.17 is directed to be enlarged on bail in Crime No.42/2024 registered by Golgumbaz Police Station, Vijayapur, for the offences punishable under Sections 143, 147, 341, 323, 307, 427, 504 and 149 of IPC, subject to the following conditions:

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a) Petitioner/accused No.17 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner/accused No.17 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/accused No.17 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner/accused No.17 shall not involve in similar offences in future;

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e) The petitioner/accused No.17 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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Sri Jamilahmad v. the State of Karnataka

Case brief

What is this about?

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Sri Jamilahmad v. the State of Karnataka

Case brief

What is this about?

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