State Of Karnataka vs Mohammed Shakir @ Kanna Shakir
2022 Latest Caselaw 358 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 10TH DAY OF JANUARY, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.925/2021

BETWEEN:

STATE OF KARNATAKA,
BY MANGALURU SOUTH POLICE STATION,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU 560001.                              ...PETITIONER

               (BY SRI VINAYAKA V.S., HCGP)

AND:

MOHAMMED SHAKIR @ KANNA SHAKIR,
AGED ABOUT 30 YEARS,
S/O HAMEED @ KUNTA HAMEED,
R/AT DOOR NO. 2-168/2, SADATH,
MANZEL, GANADABETTU,
NEAR ABUBAKKAR HOTEL, KANNURU,
MANGALORE TALUK - 575015.                     ...RESPONDENT

               (SERVED AND UNREPRESENTED)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
439(2) OF CR.P.C PRAYING TO CANCEL THE BAIL ORDER
PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS
JUDGE,   D.K.,   MANGALURU        DATED    24.02.2020   IN
CRL.MISC.NO.237/2020 IN CR.NO.244/2019 OF MANGALURU
SOUTH POLICE FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 143, 147, 148, 427, 307, 435 READ WITH 149 OF IPC
AND SECTION 2(A) OF PREVENTION OF DESTRUCTION AND
LOSS OF PUBLIC PROPERTY ACT, 1981 AND ALLOW THIS CRL.P
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AND GRANT ORDER CUSTODY OF THE RESPONDENT - ACCUSED
TO   THE    INVESTIGATION  OFFICER   FOR    FURTHER
INVESTIGATION.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

Heard the learned High Court Government Pleader

appearing for the petitioner-respondent.

2. This petition is filed under Section 439(2) of Cr.P.C.

and the learned High Court Government Pleader brought to the

notice of this Court paragraph Nos.9 and 10 of the judgment of

the Trial Court, wherein the Trial Court while exercising the

discretion held that FIR shows that group of more than 300

people have gathered and committed the offence and also taken

note of the bail order of the High Court passed in Crime

No.133/2019 and comes to the conclusion that it is a fit case to

exercise the powers under Section 439 of Cr.P.C. Having taken

note of the reasons assigned by the Trial Court in paragraph

Nos.9 and 10 of the judgment and when incident is by mob fury

of more than 300 people, it is not a fit case to exercise the

powers under Section 439(2) of Cr.P.C. to cancel the bail.

3. In view of the discussions made above, I pass the

following:

ORDER

The petition is dismissed.

Sd/-

JUDGE

MD