Sadiq Alias Sadiq Pasha Vs State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ACCUSED NO.8 AND ACCUSED NO.10 ON BAIL IN THE EVENT OF THEIR

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ARREST IN CR.NO.70/2024 AND IN C.C.NO.81/2024 IN RAMANAGARA TOWN P.S. RAMANAGARA, OFFENCES P/U/S 3(5), 115(2), 126(2), 352, 351(3) OF BNS PENDING BEFORE THE COURT OF PRL.SENIOR CIVIL JUDGE AND CJM RAMANAGARA OF RAMANAGARA TOWN P.S. RAMANAGARA.

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THIS PETITION, 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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ORAL ORDER

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Accused Nos.8 and 10 in Crime No.70/2024 registered by Ramanagara Town Police Station, Ramangara, for offence punishable under Sections 103(1), 61(1), 115(2), 126(2), 352, 351(3) read with Section 3(5) of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.70/2024 was registered by Ramanagara Town Police Station, Ramangara, initially for offences punishable under Sections 103, 115(2), 190, 351(2) of BNS, 2023 against Sajjad and six others, based on the first information dated 29.07.2024 received from Imdad Alikhan S/o Late.Soukath Alikahan who is one of

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the eye-witness to the incident in question. Petitioners herein were arraigned as accused Nos.4 and 5 in the FIR. Apprehending their arrest in the said case petitioner had filed Crl.Misc.No.942/2024 before the trial Court which was dismissed on 22^nd November, 2024. Therefore, petitioners are before this Court.

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Learned Counsel for the petitioners submits that

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investigation of the case is now completed and petitioners herein who were arraigned as accused Nos.4 and 5 in the FIR have been arraigned as accused Nos.8 and 10 in the charge sheet. There is no allegation against them in the charge sheet about assaulting either the deceased or the first informant. First informant in his further statement has clearly stated that by misconception he had named the petitioners in the FIR. Petitioners do not have any criminal antecedents. Accordingly, he prays to allow this petition.

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Per contra, learned HCGP who has opposed the

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petition does not dispute the submission made by the learned counsel for the petitioners.

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First informant in the present case is the son-in-law of accused No.10. Accused No.8 the brother of accused No.10. It appears that there was a misunderstanding between the first informant and his wife and therefore, accused Nos.8 and 10 had gone to meet the first informant and when they were speaking with the first informant, deceased Apsan who was the friend of first informant was also present along with them. It appears that subsequently, the other accused persons gathered there and there was a fight between two parties and in the said fight as per the charge sheet allegation accused Nos.2, 3 and 7 had assaulted deceased Apsan and when he retaliated accused No.1 had stabbed him on his stomach with a knife and as a result Apsan fell down and he was subsequently shifted to the hospital where he succumbed to the injuries.

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In the further statement of the first informant,

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he has clearly stated that he had inadvertently included the name of petitioners herein in the FIR and he has also

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named the actual assailants who had assaulted the deceased and caused his death. Undisputedly, petitioners herein do not have any criminal antecedents. Investigation of the case is already completed and charge sheet has been filed. Considering the aforesaid aspects of the matter and more so the nature of allegations found against the petitioners in the charge sheet, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:

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ORDER

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The Criminal Petition is allowed.

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest registered by Ramanagara Town Police Station, Ramangara for offence punishable under Sections 103(1), 61(1), 115(2), 126(2), 352, 351(3) read with Section 3(5) of BNS, 2023, subject to the following conditions:

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The Petitioners 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/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer.

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Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.

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The Petitioners shall not involve in similar offences in future;

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 47

Sadiq Alias Sadiq Pasha v. State of Karnataka

Case brief

What is this about?

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Sadiq Alias Sadiq Pasha v. State of Karnataka

Case brief

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