Karnataka High Court
Mahammedsadiq S/O Nirsarahmad ... vs The State Of Karnataka on 30 June, 2022
Bench: K.Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30th DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.101638/2022
c/w CRIMINAL PETITION NOS.101592/2022, 101595/2022,
101597/2022, 101632/2022, 101683/2022 and 101735/2022
IN CRL.P. NO.101638/2022:
BETWEEN:
1. JEELANI S/O. MOHAMMED HAYAT SHOLAPUR
AGE: 36 YEARS,, OCC: TAILOR,
R/O. ANAND NAGAR, 1ST BUS STOP,
OLD HUBBALLI-580024
HUBBALLI, DISTRICT DHARWAD.
2. GHULAM YASEEN S/O. MOHAMMED SADIQ
AGE: 19 YEARS,, OCC: PRIVATE WORK
R/O. ANAND NAGAR, 1ST BUS STOP,
OLD HUBBALLI-580024,
HUBBALLI , DISTRICT DHARWAD.
3. BASHA S/O. HAYATSAB PHULARE
AGE: 47 YEARS,, OCC: TAILOR,
R/O. BEPARI PLOT, 2ND CROSS,
BEHIND MASJID, OLD HUBBALLI-580024
HUBBALLI, DISTRICT DHARWAD.
4. MOHAMMED RAFIQ S/O. MAHABOOBSAB PINJAR @ NADAF
AGE: 41 YEARS,, OCC: REAL ESTATE,
R/O. ANAND NAGAR, 8TH CROSS,
GHODKE PLOT, OLD HUBBALLI,
HUBBALLI, DISTRICT DHARWAD.
5. IMRAN KHAN S/O. TABRZ KHAN SOUDAGAR
2
AGE: 29 YEARS,, OCC: FABRICATOR,
R/O. ANAND NAGAR ROAD,
CHANDANAGAR COLONY,
OLD HUBBALLI-580024
HUBBALLI, DISTRICT DHARWAD.
6. AKBAR ALI S/O. DASTAGIRSAB YADAWAD
AGE: 31 YEARS,, OCC: WORKING IN MOBILE SHOP,
R/O. ANAND NAGAR, 8TH CROSS,
GHODKE PLOT, OLD HUBBALLI,-580024
HUBBALLI, DISTRICT DHARWAD.
7. SADIQ KHAN S/O. SABEER KHAN PATHAN
AGE: 26 YEARS,, OCC: SCRAP SHOP,
R/O. ADHYAPAK NAGAR,
3RD CROSS, OLD HUBBALI-580024
HUBBALLI, DISTRICT DHARWAD.
8. SAIF KHAN S/O. FAYAZ KHAN JAGIRDAR
AGE: 26 YEARS,, OCC: A C REPAIRING,
R/O. ADHYAPAK NAGAR, 3RD CROSS,
OLD HUBBALLI-580024,
HUBBALLI, DISTRICT DHARWAD.
9. SADIQ S/O. HUSSAINSAB MAKANDAR
AGE: 30 YEARS,, OCC: GOUNDI (MASON),
R/O. MEDYAR ONI, SIDDARTH COLONY,
NEAR NEW ENGLISH SCHOOL,
OLD HUBBALLI,- 580024,
HUBBALLI, DIST DHARWAD.
10. ROSHAN ZAMEER S/O. MEHABOOBSAB KUNDAGOL
AGE: 28 YEARS,, OCC: CENTERING,
R/O. SHIVAPUTRA NAGAR,
1ST CROSS, NEAR MASJID,
OLD HUBBALLI,-580024,
HUBBALLI, DISTRICT DHARWAD.
11. JUNED S/O. ISMAILSAB HUILGOL
AGE: 23 YEARS,, OCC: BAR BENDING WORK,
R/O. AYODHYA NAGAR, 4TH CROSS,
NEAR MASJID,
OLD HUBBALLI,- 580024,
3
HUBBALLI, DIST DHARWAD.
12. AFTAB S/O. ABDUL GAFFAR BAGEWADI
AGE: 29 YEARS,, OCC: WELDING WORK,
R/O. UKT HILLS, 2ND CROSS,
GUDIHAL ROAD,
OLD HUBBALLI,- 580024,
HUBBALLI, DIST DHARWAD.
.. PETITIONERS
(BY SRI. D. L. LADKHAN, ADV. AND
SRI. M. L. LADKHAN, ADV.)
AND:
STATE OF KARNATAKA,
BY OLD HUBLI POLICE STATION - 580024,
TALUK: HUBBALLI, DISTRICT: DHARWAD,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT DHARWAD BENCH,
DHARWAD.
.. RESPONDENT
(BY SRI. V. M. SHEELVANT, SPL. P.P.)
THIS CRIMINAL PETITION NO.101638/2022 IS FILED UNDER
SECTION 439 OF CR.P.C. SEEKING TO ISSUE NECESSARY DIRECTION
AND ORDER TO RELEASE PETITIONERS ON BAIL, WHO ARE IN JUDICIAL
CUSTODY IN CRIME NO.63/2022 FOR OFFENCES PUNISHABLE UNDER
SECTION 307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427, 149,
120(B) OF IPC AND SECTION 3(C) OF PREVENTION OF DAMAGES TO
PUBLIC PROPERTY ACT, 1984 AND SECTION 16, 18, 20 OF THE
UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967, BY OLD HUBLI POLICE
STATION, WITHIN THE JURISDICTION OF THE IV ADDITIONAL CIVIL
JUDGE AND JMFC, HUBBALLI.
IN CRL.P. NO.101592/2022:
BETWEEN:
1. MOHAMMAD SADIQ S/O. NAZIRAHMED CHAJJO
AGE. 38 YEARS, OCC. BAR BENDING,
R/O. MASTAN SOFA, 7TH CROSS, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD -582104
4
2. MOHAMMAD SHAFI SHAIKH S/O. ISMAIL
AGE. 29 YEARS, OCC. COOLIE,
R/O. 619, NEAR NOORANI MASJID, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
3. MAINUDDIN S/O. LIYAKAT BEPARI
AGE. 30 YEARS, OCC. COOLIE,
R/O. NEAR URDU SCHOOL, KATAGAR ONI, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
4. BASHEER AHMED S/O. ABDUL KHADAR SHEIKHALI
AGE. 40 YEARS, OCC. COOLIE,
R/O. 7TH CROSS, INDRAPRASTHA NAGAR, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
5. HAJARAT TAJUDDIN SHAIKH S/O. ISMAIL SHAIKH
AGE. 30 YEARS, OCC. COOLIE,
R/O. 619, NEAR NOORANI MASJID, OLD HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
6. MOHAMMADASIF S/O. HUSSAINSAB YALIWAL
AGE. 42 YEARS, OCC. COOLIE,
R/O. NEAR NEW ANAND NAGAR MOSQUE, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
7. RAHMATULLA S/O. BASIR AHMED BEPARI
AGE. 19 YEARS, OCC. BUSINESS,
R/O. 3RD CROSS, VISHAL NAGAR, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
8. JAFARSAB S/O. IMAMSAB GUDDIMANI
AGE. 27 YEARS, OCC. COOLIE,
R/O. BANATIKATTA, MEHABOOB NAGAR, OLD HUBBALLI,
TQ. HUBBALLI DIST. DHARWAD-582104
9. JAVEED S/O. IMAMSAB BAGALKOTI
AGE. 39 YEARS, OCC. BUSINESS,
R/O. NEAR MADANI MOSQUE, NEW ANAND NAGAR
OLD HUBBALLI, TQ. HUBBALLI,DIST. DHARWAD-582104
10. HASAN S/O. JAFARSAB FOUZDAR,
AGE. 39 YEARS, OCC. BUSINESS,
R/O. 6TH CROSS, GODKE PLOT, OLD HUBBALLI,
5
TQ. HUBBALLI, DIST. DHARWAD-582104
11. MUSTAQ S/O. MERASAB MUDAGAL
AGE. 42 YEARS, OCC. CHEF,
R/O. NEAR BANATIKATTA MOSQUE, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
12. MOHAMMAD JAFAR S/O. SHABBIR AHMED SAMSHI
AGE. 25 YEARS, OCC. COOLIE,
R/O. NEAR MADANI MOSQUE, NEW ANAND NAGAR
TQ. HUBBALLI, DIST. DHARWAD-582104
13. CHANDPEER S/O. ABDULRAZAK PANIBAND,
AGE. 30 YEARS, OCC. BUSINESS,
R/O. BANATIKATTA, SADASHIV NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
14. MOHAMMAD HANIF S/O. ABDUL KHADAR NEGALUR,
AGE. 29 YEARS, OCC. PRIVATE SERVICE,
R/O. NEAR MOSQUE, DHARWAD COLONY, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
15. SABALU S/O. SADAT SALMANI,
AGE. 22 YEARS, OCC. BUSINESS,
R/O. NEAR MADINI MOSQUE, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD. -582104
16. TOUSIF S/O. WASIMSAB BETAGERI
AGE. 22 YEARS, OCC. BUSINESS,
R/O. SIDDAROODH NAGAR, HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
17. MOHAMMAD ASIF S/O. MEHABOOBSAB JARATARAGHAR,
AGE. 35 YEARS, OCC. COOLIE,
R/O. OPP. FATEH SHAH HALL, JANNAT NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
18. MOHAMMADGOUSE S/O. NANNESAB BEPARI
AGE. 34 YEARS,, OCC. BUSINESS,
R/O. NEAR URDU SCHOOL, KATAGAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
19. SALMAN KHAN S/O. SHABBIR KHAN
6
AGE. 21 YEARS,, OCC. PRIVATE WORK,
R/O. NABABGAR, ISLAM NAGAR, DANPUR, BUDAUN
STATE OF UTTAR PRADESH- 202522
20. ABDUL KAREEM S/O. ABDULSATTAR GUJJAR,
AGE. 25 YEARS, OCC. BUSINESS,
R/O. NEAR LUCKY HALL, GUDIHAL ROAD 4TH CROSS,,
OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-582104
21. REHAMANSAB S/O. MAHAMMADSAB NADAF,
AGE. 31 YEARS, OCC. PRIVATE SERVICE,
R/O. NEAR LAST BUSSTOP, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
22. KARIMBEG S/O. HUSSAINBAIG JORAMMANAVAR,
AGE. 23 YEARS, OCC. COOLIE,
R/O. SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
23. NAZEER AHMED S/O. ALLABHAKSH BANNUR,
AGE. 36 YEARS, OCC. COOLIE,
R/O. NEAR KASIM DULE MAKAN, SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
24. MOHAMMEDFAROOQ S/O. AHMEDSAB SHIRAHATTI
AGE. 40 YEARS, OCC. COOLIE,
R/O. SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
25. ZUBER S/O. SAYEDIQBAL KALAIGAR,
AGE. 27 YEARS, OCC. WELDING WORK,
R/O. 3RD CROSS JANNAT NAGAR,
TQ. HUBBALLI, DIST. DHARWAD-582104
26. IBRAHIM S/O. ABDULGANISAB ,
AGE. 34 YEARS, OCC. COOLIE,
R/O. OPP. HALE UR HONDADAKERI,
SHIKARIPUR, DIST. SHIMOGGA.
27. MOHAMMAD GOUSE S/O. AYUBSAB HANCHINAL
AGE. 23 YEARS, OCC. AUTO DRIVER,
R/O. ASAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
7
28. KHWAJAMAINUDDIN S/O. SAYED SAB BOUDIWALE,
AGE. 39 YEARS, OCC. COOLIE,
R/O. NEAR GOVERNMENT HOSPITAL,
SADAR SOPA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
29. MOHAMMAD GOUSE S/O. SAYED GOUSE BARUDWALE,
AGE. 28 YEARS, OCC. TAILORING,
R/O. NEAR MOSQUE, ASAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
30. DADAHAYAT S/O. ABDUL GAFAR MULLA,
AGE. 35 YEARS, OCC. COOLIE,
R/O. BEHIND AZMIR MOSQUE, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
31. SHUBANALA S/O. MUKTUMSAB NADAF,
AGE. 19 YEARS, OCC. COOLIE,
R/O. HEGGERI, MARUTI NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
32. ZAMEER AHMED S/O. MEHABOOB SAB ANNIGERI,
AGE. 20 YEARS, OCC. COOLIE,
R/O. NEAR MOSQUE, AZMIR NAGAR, NEKAR NAGAR,
OLD HUBBALLI,TQ. HUBBALLI, DIST. DHARWAD-582104
33. ABDULSATTAR S/O. ABDUL LATIF MULLA,
AGE. 37 YEARS, OCC. COOLIE,
R/O. NEAR MOSQUE, AZMIR NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
34. MALIKJAHAN S/O. SHABBIR AHMED RON,
AGE. 19 YEARS, OCC. COOLIE,
R/O. NEAR MOSQUE, SANGAM COLONY, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
35. IMRANSAB S/O. MODDINSAB DHARWAD
AGE. 27 YEARS, OCC. COOLIE,
R/O. NEAR INDI PUMP CIRCLE, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
36. NIYAZAHMED S/O. MOHAMMAD BANADAR,
8
AGE. 27 YEARS, OCC.AUTO DRIVER,
R/O. NEAR MOSQUE, HORAKERI ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
37. SADIQ S/O. MOHAMMAD YUSUF SIDNIKOPPA,
AGE. 27 YEARS, OCC. GLASS FITTING,
R/O. 1ST CROSS, NEAR MOSQUE, ISHWAR NAGAR,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
38. MUJAFFARAHMED S/O. ALLISAB NADAF,
AGE. 19 YEARS, OCC. STUDENT,
R/O. 2ND CROSS, PADADAYYA HAKKAL, KASABAPETH,
TQ. HUBBALLI, DIST. DHARWAD-582104
39. MOHAMAD FAYAZ S/O. SHABIR SUDARJI
AGE. 30 YEARS, OCC. COOLIE,
R/O. MOULALI PLOT, MANTOOR ROAD,
TQ. HUBBALLI, DIST. DHARWAD-582104
40. MOHAMMADFAROOQKHAN S/O. RUSTUMSAB MISHRIKOTI,
AGE. 19 YEARS, OCC. AC REPAIR WORK,
R/O. MANTUR ROAD, MOULALI PLOT, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
41. SAMEER S/O. MOHAMMAD GOUSE BANADAR
AGE. 32 YEARS,, OCC. AUTO DRIVER,
R/O HORAKERI ONI,
TQ. HUBBALLI, DIST. DHARWAD-582104
42. ALTAF S/O. HUSSAINSAB DAREKHAN
AGE. 20 YEARS, OCC. BUSINESS,
R/O. ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
43. IRFAN S/O. SALEEM ABBIGERI,
AGE. 22 YEARS, OCC. AUTO DRIVER,
R/O. NEAR MADINI MOSQUE, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
44. SHAKIR AHMED S/O. MOHAMMAD JAFAR CHUDIGHAR,
AGE. MAJOR, OCC. COOLIE,
R/O. GHODKE PLOT, ANAND NAGAR, OLD HUBBALLI,
9
TQ. HUBBALLI, DIST. DHARWAD-582104
45. RIYAZ AHMED S/O. FAKRUSAB MULLA
AGE. 31 YEARS,, OCC. MECHANIC,
R/O. NEAR WELL COME HALL, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD -582104
46. SARFARAZ S/O. BASHA TARGOL
AGE. 20 YEARS,, OCC. FLOWER VENDOR,
R/O. NEAR MASJID, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
47. MOHAMMED GOUSE S/O. SHABBIR AHMED MAGAMI,
AGE. 31 YEARS,, OCC. TILES WORK,
R/O. GHODKE PLOT, LAST BUS STOP, ANAND NAGAR,
TQ. HUBBALLI, DIST. DHARWAD-582104
48. RIYAZAHMED S/O. HAJRESAB JAKATI
AGE. 42 YEARS,, OCC. KIRANI SHOP,
R/O. 2ND CROSS ISLAMPUR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
49. MUSTAFA S/O. SADIQ MALABAR,
AGE. 24 YEARS,, OCC. ELECTRICAL WORK,
R/O. BEERBAND ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
50. MOHAMMAD RABBANI S/O. FARUK SHAIKH,
AGE. 23 YEARS,, OCC. COOLIE WORK,
R/O. GANESH PETH KULKARNIHAKKAL, 1ST CROSS,HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
51. MOHAMMAD AZARUDDIN S/O. SHAMSHUDDIN JILLERI,
AGE. 35 YEARS,, OCC. COOLIE,
R/O. KULKARNIHAKKAL TABIB LAND, HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
52. SAHIL S/O. ALTAFHUSSAIN GADAG,
AGE. 32 YEARS,, OCC. CCTV SERVICE,
R/O. MATTI ONI, TABIB LAND, HUBBALLI
TQ. HUBBALLI, DIST. DHARWAD-582104
53. NIZAMUDDIN S/O. SATTARSAB JADEDEVAR @ MATTUR,
10
AGE. 28 YEARS,, OCC. DRIVER,
R/O. OPP. AVALAKKI FACTORY,
2ND CROSS, GOUSIA TOWN,
HUBBALLI TQ. HUBBALLI, DIST. DHARWAD-582104
54. MOHAMMEDZUBER S/O. NIZAMUDDIN SHAIKH,
AGE. 26 YEARS,, OCC. REAL ESTATE BUSINESS,
R/O. GOUSIA TOWN, ISLAMPUR ROAD, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
55. SHABAZ S/O. ANWARBASHA LASHKAR,
AGE. 19 YEARS,, OCC. CHICKEN SHOP,
R/O. NEAR LAST BUSSTOP, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
56. MAHABOOB S/O. HUSSAINSAB BANKAPUR,
AGE. 26 YEARS,, OCC.MASON,
R/O. NEAR DARGAH SADAR SOFA, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
57. ADIL SHAIKH S/O. MUKHTIAR SHAIKH,
AGE. 22 YEARS,, OCC. AUTO DRIVER,
R/O. KALAVIDAR PLOT, ANAND NAGAR, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
58. ASHIMPHIR S/O. DIWANSAB BARADIVAN,
AGE. 28 YEARS,, OCC. AUTO DRIVER,
R/O. OPP. DIDDI ONI GARDEN, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
59. ASIF AHMED S/O. KHAJASAB SIDDIKKI,
AGE. 34 YEARS,, OCC. PRIVATE SERVICE,
R/O. BEHIND DOREMON SCHOOL, GHODKE PLOT,
ANAND NAGAR, OLD HUBBALLI,
TQ . HUBBALLI, DIST. DHARWAD-582104
60. HAJIALI S/O. RAJASAB KALAIGAR,
AGE. 37 YEARS,, OCC. EGG RICE VENDOR,
R/O. NEAR TAJ NAGAR, CHANNAKESHAV NAGAR,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
61. WASIM S/O. HAJRESAB GASTEWALE,
11
AGE. 21 YEARS,, OCC. CENTERING WORK,
R/O. REHMAT NAGAR, ANAND NAGAR,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
62. ASHRAF S/O. ADAMSAB DHARWAD
AGE.22 YEARS,, OCC. AUTO DRIVER,
R/O. ASAR ONI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
63. AZGARALI S/O. NAWAZKHAN KHAN,
AGE. 28 YEARS,, OCC. FABRICATION WORK,
R/O. SIDDAROODMATH NAGAR,
HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
64. MOHAMMAD SAHIL S/O. FAROOQ BHANGI,
AGE. 20 YEARS,, OCC. DIESEL MECHANIC,
R/O. DEVARAJNAGAR, HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
65. IMTIYAZ S/O. SADIQ BENGALURI,
AGE. 19 YEARS,, OCC. CENTERING WORK,
R/O. NEAR VISHAL NAGAR PETROL BUNK,
TQ. HUBBALLI, DIST. DHARWAD-582104
66. MOHAMMAD FAIROZ S/O. FAROOK BHANGI,
AGE. 18 YEARS,, OCC. STUDENT & COOLIE,
R/O. DEVARAJNAGAR,
HEGGERI, OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
67. MOHAMMADGOUSE S/O. ADAKALSABAHMED KITTUR,
AGE. 21 YEARS,, OCC. ALUMINIUM WORK,
R/O. AJMIR NAGAR, NEKAR NAGAR,
OLD HUBBALLI, TQ.HUBBALLI,
DIST. DHARWAD-582104
68. SHANAWAZ S/O. DADAPEER BEPARI,
AGE. 24 YEARS,, OCC. MECHANIC,
R/O. SADAR SOFA, KASIMDULE MAKAN,
OLD HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-582104
12
69. INAYAT S/O. MUKTIYAR AHMED MULLA,
AGE. 22 YEARS,, OCC. BUSINESS,
R/O. NEAR FATEH SHAH WALI DARGA,
INDI PUMP CIRCLE,
TQ. HUBBALLI, DIST. DHARWAD-582104
.. PETITIONERS
(BY SRI. VISHWANATH S. BICHAGATTI, ADV.,
SRI. S. A. CHAUDHARI, ADV. AND
SRI. I. K. BELAGALI, ADV.)
AND:
STATE OF KARNATAKA,
THROUGH BY OLD HUBLI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
.. RESPONDENT
(BY SRI. V. M. SHEELVANT, SPL. P.P.)
THIS CRIMINAL PETITION NO.101592/2022 IS FILED UNDER
SECTION 439 OF CR.P.C. SEEKING TO ENLARGE THE
PETITIONERS/ACCUSED NOS.8, 36 TO 46, 48, 50 TO 98, 100 TO 106 ON
BAIL ON SUCH TERMS AND CONDITIONS AS DEEMS FIT IN OLD
HUBBALLI,STATION CRIME NO.63/2022 FOR THE OFFENCES PUNISHABLE
UNDER SECTION 307, 120(B), 143, 147, 148, 323, 324, 333, 353, 504,
506, 427 READ WITH 149 OF IPC AND SECTION 3(C)OF PREVENTION OF
DAMAGES TO PUBLIC PROPERTY ACT, 1984 AND 16, 18, 20 OF UAPA ACT
PENDING ON THE FILES OF IV ADDITIONAL CIVIL JUDGE AND JMFC
COURT, HUBBALLI.
IN CRL.P. NO.101595/2022:
BETWEEN:
1. MAHAMMEDSADIQ S/O. NIRSARAHMAD MOMIN
AGE. 23 YEARS, OCC. PRIVATE SERVICE
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI
HUBBALLI-DHARWAD-580002.
2. SHOUKATBASHA S/O. SAYEDSAB MIRJI
13
AGE. 19 YEARS, OCC. PRIVATE SERVICE
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
3. HAJARATALI S/O. MOHAMMED ALI @ MOHAMMED HANIF SHIRUR
AGE. 26 YEARS, OCC. PRIVATE SERVICE,
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
4. MOHAMMEDSHABAZ S/O. MAHAMMEDGOUSE SHAIKH,
AGE. 23 YEARS, OCC. PRIVATE SERVICE,
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
5. TABREJ S/O. BASHA MASANUR
AGE. 25 YEARS, OCC. PRIVATE SERVICE,
R/O ISLAMPUR, N.A NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
6. ASIF S/O. RAJESAB NADAF
AGE. 23 YEARS, OCC. GOUNDI WORK,
R/O ANAND NAGAR, GHODKE PLOT,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
7. AZARUDDIN MOHAMMED AZARUDDIN
S/O. MEHABOOBSAB MULLA
AGE. 30 YEARS, OCC. PAINTING WORK,
R/O. 8TH CROSS, ANAND NAGAR,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
8. DADAPEER S/O. IMAMHUSSAIN PEERWALE
AGE. 39 YEARS, OCC. PANSHOP,
R/O ANAND NAGAR,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
9. MOHAMMEDNIZAMUDDIN S/O. MOHAMMEDHANIF DALAL
14
AGE. 22 YEARS, OCC. PRIVATE SERVICE,
R/O ANAND NAGAR,
GHODKE PLOT, OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
10. SOYABALI ALIAS SHAJIDALI S/O. SADIQALI SAYYED
AGE. 22 YEARS, OCC. DRIVER,
R/O NEAR RAZA TOWN SCHOOL,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
11. SHANAWAZ S/O. BUDDANKHAN LAKKADHAR
AGE. 29 YEARS, OCC. PRIVATE SERVICE,
R/O GOUSIYA TOWN,
6TH CROSS, ISLAMPUR ROAD,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
12. ASIF S/O. MAKBULSAB MALAGIMANI
AGE. 20 YEARS, OCC. PRIVATE SERVICE
R/O DEVARAJNAGAR,
ANCHATGERI, TQ. HUBBALLI,
HUBBALLI-DHARWAD-580002.
13. SAYYEDBASHA S/O. AHAMEDALI MAHAMMADALI DHARWAD
AGE. 32 YEARS, OCC. BAR BENDING WORK,
R/O. ISHWARNAGAR,
N.A . NAGAR, 2ND CROSS,
HUBBALLI-DHARWAD-580002.
14. SHANAWAZ S/O. ABDULAHAMEED ATHANI
AGE. 32 YEARS, OCC. CENTERING WORK
R/O. JANNAT NAGAR, 1ST CROSS,
OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
15. JAILANI S/O. ALLABAX HALADI
AGE. 36 YEARS, OCC. PRIVATE SERVICE,
R/O. N A NAGAR, 1ST CROSS,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
16. NIJAMUDDIN S/O. HUSSAINSAB MANIYAR
15
AGE. 38 YEARS, OCC. PRIVATE SECTOR,
R/O. YELLAPUR ONI, PATIL GALLI,
HUBBALLI-DHARWAD-580002.
17. IMAMJAFAR S/O. RAJESAB KOLAR
AGE. 33 YEARS, OCC. PRIVATE WORK,
R/O. VISHAL NAGAR,
2ND CROSS, OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
18. MALIKRIHAN S/O. SIKANDAR SHAIKH
AGE. 19 YEARS, OCC. PRIVATE SECTOR,
R/O. SIMLA NAGAR, OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
19. MOHAMMED IRFAN @ MOHAMMED IQBAL
S/O. MEHABOOBSAB SANDALWALE
AGE. 37 YEARS, OCC. PRIVATE SECTOR,
R/O. N.A NAGAR, ISLAMPUR ROAD,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
20. IRFAN S/O. NOORAHMED NALWATTWAD
AGE. 33 YEARS, OCC. PRIVATE SERVICE
R/O. GOUSIYA TOWN, ISLAMPUR ROAD,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
21. MAHAMMADIRFAN S/O. MEHABOOBSAB GULEGUDDA
AGE. 39 YEARS, OCC. BUSINESS,
R/O. UKT HILLS, GUDIHAL ROAD,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
22. IQBAL S/O. MOHAMMEDGOUSE TADAPATRI
AGE. 25 YEARS, OCC. CENTERING WORK,
R/O. NEW ANAND NAGAR,
NEAR MASJID, OLD HUBBALLI,,
HUBBALLI-DHARWAD-580002.
23. IRFAN S/O. MOHAMMEDRAFIQ
@ MOHAMMED HANEEF TADPATRI,
AGE. 34 YEARS, OCC. CENTERING WORK,
16
R/O. JANNAT NAGAR, NEW ANAND NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
24. DAWALMALIK S/O. HUSSAINSAB DAREKHAN
AGE. 27 YEARS, OCC. VEGETABLE WORK
R/O. NEW ANAN NAGAR,
OLD-HUBBALLI,
HUBBALLI-DHARWAD-580002.
25. ZAMEER S/O. HAZARESAB DHARWAD
AGE. 22 YEARS, OCC. CENTERING WORK,
R/O. MURUSAVIRAMUTT COMPOUND.
KAMARIPETH, NEAR MASJID,
HUBBALLI-DHARWAD-580002.
26. SAMEER S/O. RAFIQ HARIHAR ALIAS HARIYAL
AGE. 22 YEARS, OCC. TILES WORK,
R/O. TIPPU NAGAR,
NEAR HANUMAN TEMPLE,
BANATIKATTA, OLD HUBBALLI,
HUBBALLI-DHARWAD-580002.
27. MOHAMMEDSULTAN S/O. NASIRALI RANGREZ
@ RANGRES
AGE. 22 YEARS, OCC. PRIVATE WORK,
R/O. MANTUR ROAD, GANDHI EKATA COLONY,
1ST CROSS, BYALI PLOT,
HUBBALLI-DHARWAD-580002.
28. KWAJAMAINUDDIN S/O. MAHAMMEDSALIM
MUDDEBIHAL ,
AGE. 24 YEARS, OCC. PRIVATE WORK,
R/O. AHAMATNAGAR, 1ST CROSS,
MANTUR ROAD, AMBEDKAR COLONY,
HUBBALLI-DHARWAD-580002.
29. AZARUDDIN S/O. RIYAZAHMED HIDASHA
AGE. 27 YEARS, OCC. CENTERING WORK,
R/O. SHIVAPUTRANAGAR,
1ST CROSS, OLD-HUBBALLI
17
HUBBALLI-DHARWAD-580002.
.. PETITIONERS
(BY SRI. C. H. JADHAV, SR. COUNSEL FOR
SRI. SADIQ N. GOODWALA, ADV.)
AND:
THE STATE OF KARNATAKA,
THROUGH OLD HUBBALLI,POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENCH DHARWAD.
.. RESPONDENT
(BY SRI. V. M. SHEELVANT, SPL. P.P.)
THIS CRIMINAL PETITION NO. 101595/2022 IS FILED UNDER
SECTION 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE ABOVE
PETITIONERS, IN OLD HUBBALLI,POLICE STATION CRIME NO. 63/2022
DATED 16.04.2022 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTION 307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427 READ
WITH SECTION 149 OF IPC AND SECTION 3(C) PREVENTION OF
DAMAGES TO PUBLIC PROPERTY ACT, 1984 AND SECTIONS 16, 18 AND
20 OF UAPA ACT.
IN CRL.P.NO.101597/2022
BETWEEN
1 . SHAMASHUDDIN S/O MODEENSAB
JAMADAR, AGE . 25 YEARS,
OCC . COOLIE, R/O . ANANDNAGAR,
NEAR JANDA KATTA OLD HUBBALLI.
HUBBALLI-580024
2 . HAIDARSAB S/O DAVALSAB
DAVALABAYI,
AGE .41 YEARS,
OCC . CENTERING WORK
R/O . GOPANKOPPA
MASIDI ONI,
HUBBALLI
3 . RAJESAB S/O ALLABHAKSH KIRDI
18
AGE . 26 YEARS,
OCC . PLUMBER
R/O . GOPANKOPPA
MASIDI ONI,
HUBBALLI
4 . MAHAMMADSALIM S/O ABDULGAFAR VADDO
AGE . 30 YEARS,
OCC . RUNNING SUGARCANE JUICE CENTRE
R/O . GOULIGALLI, OLD HUBBALLI
HUBBALLI-580024
5 . NIYAJ S/O NOORAHAMMAD SHAIKSANADI
AGE . 20 YEARS, OCC . STUDENT
R/O . NEAR BUS STOP, 2ND CROSS,
ARAVINDNAGAR, OLD HUBBALLI.
6 . MABULI S/O SAIYADASAB MADAGAVI
AGE . 26 YEARS, OCC . AUTO DRIVER
R/O . ANANDNAGAR,
OLD HUBBALLI, HUBBALLI-580024
7 . MUHAMMED ZUBER S/O HAFIJMAHAMMAD USMANANOORI,
AGE . 27 YEARS,
OCC . SUPERVISING, R/O . H. NO.18,
RAZA TOWN, ISLAMPUR ROAD,
OLD HUBBALLI, HUBBALLI-580024
8 . MAHAMMAD AFREEDI S/O MAHAMMAD ISMAIL BEEDIWALE,
AGE . 22 YEARS,
OCC . STUDENT, R/O . GANESH HOTEL,
BEHIND SUBHASNAGAR, OLD HUBBALLI
HUBBALLI-580024
9 . MAHAMMAD ALIAS SADIQ S/O LALASAB BANGADIVALE,
AGE . 29 YEARS, OCC . AUTO DIRVER
R/O . ANANDNAGAR,
NEAR MASJID, OLD HUBBALLI,
HUBBALLI-580024
10 . IFTIKARALI ALIAS IFTIKAR ALAM
S/O MUNEERAHAMED MULLA
AGE . 26 YEARS, OCC . PAN SHOP
19
R/O . NEAR TIPPU SHAHID COLLEGE
GUDIYAL ROAD, 1ST BUS STOP,
ANANDNAGAR, OLD HUBBALLI,
HUBBALLI-580024
11 . MOULKHAN ALIAS MOULAKHAN
S/O MARDHANKHAN BILLUNAVAR
AGE . 25 YEARS, OCC . TAILOR
R/O . BYAHATTI PLOT, BASAVNAGAR
OLD HUBBALLI, HUBBALLI-580024
12 . JUNAIDBASHA S/O ANVARBASHA UDAGANI
AGE . 19 YEARS, OCC . STUDENT
R/O . ANANDNAGAR, LAST BUS STOP,
OLD HUBBALLI, HUBBALLI-580024
13 . SALAVUDDIN S/O DADAPEER KARNUL
AGE . 21YEARS, OCC . CENTERING WORK
R/O . ANANDNAGAR, NEAR JANDEGATTI
OLD HUBBALLI, HUBBALLI-580024
14 . SADDAMHUSEN S/O SAIYADSAB BANNUR
AGE . 27 YEARS, OCC . DRIVER
R/O . MILLAT NAGAR, AROODNAGAR 2ND CROSS,
OLD HUBBALLI, HUBBALLI-580024
15 . SARFARAZ S/O MOHAMMED RAFIQ BERAKDAR,
AGE. 25 YEARS, OCC. TILES FITTING,
R/O. NEAR MADNI MASJID ANANDNAGAR
OLD HUBBALLI, HUBBALLI-580024
16 . SHOUKTALI S/O MUSTAKALI KHAJI
AGE . 25 YEARS, OCC . TILES FITTING
R/O . ANANDNAGAR, 1ST BUS STOP,
NEAR KITTUR KIRANI SHOP, OLD HUBBALLI,
HUBBALLI-580024
17 . JAKEERHUSEN S/O MAHAMMADSAB DHARWAD
DHARWAD, AGE . 26 YEARS,
OCC . CENTERING WORK
R/O . ANANDNAGAR, NEAR MADNI MASIDI,
OLD HUBBALLI, HUBBALLI-580024
20
18 . MAINUDDIN S/O HUSAINSAB DAREKHAN
AGE . 26 YEARS, OCC . VEGATABLE MERCHANT
R/O . ANANDNAGAR, BEHIND CHURCH,
OLD HUBBALLI, HUBBALLI-580024
19 . MAHAMMAD UMAR S/O BHASHA BALLARI
AGE . 27 YEARS, OCC . FABRICATION
R/O . SANGAM COLONY,
GURUNATHA NAGAR, ANANDNAGAR ROAD,
OLD HUBBALLI, HUBBALLI-580024
20 . THOUFIQ S/O MODINSAB IRAKAL
AGE . 20 YEARS, OCC . CHICKEN SHOP
R/O . DIVATAGI ONI, CHANNAPET,
OLD HUBBALLI,HUBBALLI-580024
21 . MOHAMMAD ZUBER ALIAS ABBU
S/O SHOUTAQALI BIJAPUR
AGE . 23 YEARS, OCC . ELECTRIC WORK
R/O . BEERABAND ONI, OLD HUBBALLI,
HUBBALLI-580024
22 . TOUFIQ S/O MUSTAK MUZAWAR,
AGE. 22 YEARS, OCC. TILES WORK,
R/O. ASAR HONDA, MAIN ROAD,
OLD HUBBALLI, HUBBALLI-580024
23 . MOULALI S/O HUSENSAB DEVADURGA
ALIAS NADAF, AGE . 26 YEARS,
OCC .R/O . ESHAWAR NAGAR, 15TH CROSS,
OLD HUBBALLI, HUBBALLI-580024
...PETITIONERS
(By Sri. A A PATHAN AND SRI. AMIRKHAN A. PATHAN, ADVS.)
AND
THE STATE OF KARNATAKA
(THROUGH OLD HUBBALLI POLICE STATION
HUBBALLI) R/BY H.C.G.P. HIGH COURT BUILDING
BENCH, DHARWAD
.. RESPONDENT
(By Sri. V.M. SHEELAVANT, SPL. PP )
21
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT BAIL TO THE ABOVE PETITIONERS IN OLD HUBBALLI
POLICE STATION CRIME NO.63/2022 DATED 16.04.2022, ACCUSED NO.
107 TO 131 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION
307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427 R/W SEC. 149 OF
IPC AND SECTION 3(c) PREVENTION OF DAMAGES TO PUBLIC PROPERTY
ACT, 1984, AND SECTION 16, 18 AND 20 OF UAPA ACT PENDING BEFORE
THE IV ADDL. CIVIL JUDGE AND JMFC COURT HUBBALLI.
IN CRL.P.NO.101632/2022
BETWEEN
DADAPEER S/O ABDULKHADAR BETAGERI
AGE. 38 YEARS,
OCC. PRIVATE SERVICE (MECHANIC)
R/O. NOORANI PLOT, OLD HUBBALLI
HUBBALLI, DIST. DHARWAD
..PETITIONER
(By Sri. VIJAY S CHINIWAR, SRI. B.R. MOHAMMADANAVAR AND
SRI. I.B. MULLANAVAR, ADVS.)
AND
THE STATE OF KARNATAKA
THROUGH OLD HUBBALLI POLICE STATION,
HUBBALLI SOUTH SUB-DIVISION
DIST. DHARWAD
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA BENCH,
AT. DHARWAD
.. RESPONDENT
(By Sri. V.M. SHEELAVANT, SPL. PP )
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO ALLOW THE PETITION BY ENLARGING THE PETITIONER ON
BAIL IN THE CRIME NO.63/2022 OF OLD HUBBALLI POLICE STATION,
REGISTERED FOR OFFENCES UNDER SECTION U/SEC. 307, 143, 147,
148, 323, 324, 333, 353, 504, 506, 427, R/W-149, OF IPC AND
U/SEC.3(c) OF PREVENTION OF DAMAGE OF PUBLIC PROPERTY ACT 1984
AND SECTION 16, 18, AND SECTION 20 OF UNLAWFUL ACTIVITIES
(PREVENTION) ACT 1967, PENDING ON THE FILE OF IV ADDL. CIVIL
JUDGE AND JMFC HUBBALLI, AT HUBBALLI.
22
IN CRL.P.NO.101683/2022
BETWEEN
1 . MOHAMMEDARIF S/O BUDENSAB NAGRAL ALIAS RAZVI
AGE.30 YEARS, OCC.CLOTH BUSINESS,
R/O.BEHIND TIPU SAHEED COLLEGE,
SIMLANAGAR, OLD-HUBBALLI,
DIST.DHARWAD
2 . MAKTUM S/O MOHAMMEDGOUSE NALBAND
AGE.28 YEARS, OCC.MASON,
R/O.BAPUJI COLONY,
NEAR OSIA CHURCH HUBBALLI,
DIST.DHARWAD.
3 . SIKANDAR S/O KHASSIMSAB MAKANADAR
AGE.32 YEARS, OCC. PAINTER
R/O.MAYURNAGAR,
ANANDNAGAR, OLD-HUBBALLI,
HUBBALLI, DIST.DHARWAD.
4 . SHABBIR S/O AFROZ BANGALORE
AGE. 36 YEARS, OCC.WELDING WORK,
R/O.NEAR BUS STOP, 2ND CROSS,
ANANDNAGAR, OLD-HUBBALLI, HUBBALLI,
DIST.DHARWAD
5 . TAJUDDIN S/O ABDULRAHIMAN BELLARY
AGE. 32 YEARS, OCC.MANSON,
R/O.AMBEDKAR COLONY,
ANANDNAGAR,OLD-HUBBALLI, HUBBALLI,
DIST.DHARWAD
6 . SIKANDAR S/O RAJESAB RONAD
AGE.36 YEARS, OCC.TILES WORK,
R/O .LAST BUS STOP, ANANDNAGAR,
OLD-HUBBALLI, HUBBALLI,
DIST.DHARWAD
7 . RIYAZ AHMED S/O FAKRASAB ALIAS ABDULSAB MULLA
AGE.31 YEARS, OCC.MECHANIC,
R/O.NEAR WELCOME HALL,
ANANDNAGAR, OLD-HUBBALLI, HUBBALLI,
23
DIST.DHARWAD
8 . SARFRAZ S/O BASHA TARGOL
AGE.20 YEARS, OCC. FLOWER BUSINESS,
R/O.NEAR MOSQUE, ANANDNAGAR, OLD-HUBBALLI,
HUBBALLI, DIST-DHARWAD
9 . MOHAMMEDGOUSE S/O SHABBIRAHMED MAGAMI
AGE.31 YEARS, OCC.TILES WORK,
R/O.GHODKE PLOT,NEAR LAST BUS STOP,
ANANDNAGAR, OLD-HUBBALLI,
HUBBALLI, DIST-DHARWAD
10 . TUFAILAHMED S/O SAYEDGOUSE MULLA
AGE.38 YEARS, OCC.BUSINESS,
R/O. MULLA ONI, KAMARIPETH, HUBBALLI DIST.DHARWAD
V.O.DTD.14.06.2022 IN CRL.P.NO. 101683/2022 PETITIONER NO.10
IS DISMISSED AS NOT PRESSED
11 . ABDULMALIK
S/O ABDULSHUKKUR ALIAS ABDULLASIKAR BEPARI
AGE. 35 YEARS, OCC. PRIVATE WORK,
R/O. HARISHCHANDA COLONY,
MANTUR ROAD, HUBBALLI DIST.DHARWAD
12 . WASIM AKRAM S/O TAFAZULKHAN HAKEEM ALIAS PATHAN
AGE.35 YEARS, OCC. PRIVATE WORK
R/O. MILLATNAGAR, MANTUR ROAD,
OLD HUBBALLI DIST.DHARWAD
V.O.DTD.14.06.2022 IN CRL.P.NO.101683/2022 PETITIONER NO. 12
IS DISMMISED AS NOT PRESSED.
13 . BASHASAB S/O ABDULSHUKUR BEPARI
AGE. 50 YEARS, OCC. BALLON
DECORATION
R/O. KASTURBAI NAGAR, MANTUR ROAD,
HUBBALLI DIST.DHARWAD
14 . GOUSEMOHDIN S/O MIRANSAB MUNAVALLI
AGE.20 YEARS, OCC.TAILOR,
R/O.DIDDI ONI, NEAR KONNUR
HOSPITAL, OLD-HUBBALLI,
HUBBALLI, DIST.DHARWAD
24
15 . GOUSE S/O GAFFARSAB SOUDAGAR
AGE.35 YEARS,
OC.TRUCK DRIVER,
R/O NEAR MADANI MASJID,
ANANDNAGAR, OLD-HUBBALLI,
DIST.DHARWAD
...PETITIONERS
(By Sri. SADIQ N GOODWALA, ADV.)
AND
THE STATE OF KARNATAKA
THROUGH OLD HUBBALLI POLICE
STATION HUBBALLI
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING BENCH, DHARWAD
..RESPONDENT
(By Sri. V.M. SHEELAVAT, SP. PP )
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT BAIL TO THE ABOVE PETITIONERS, IN OLD
HUBBALLI POLICE STATION CRIME NO.63/2022 DATED. 16.04.2022, FOR
THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 307, 143, 147,
148, 323, 324, 333, 353, 504, 506, 427 R/W SECTION 149 OF IPC AND
SECTION 3(c) PREVENTION OF DAMAGES TO PUBLIC PROPERTY ACT,
1984, AND SECTION 16, 18 AND 20 OF UAPA ACT.
IN CRL.P.NO.101735/2022
BETWEEN
WASIM AKRAM S/O TAFAZULKHAN
HAKEEM ALIAS PATHAN,
AGE.35 YEARS, OCC.PRIVATE WORK,
R/AT.MILLATNAGAR, MANTUR ROAD,
HUBBALLI-580023, DIST.DHARWAD.
...PETITIONER
(By Sri. NEEL P PATEL, ADV.)
AND
THE STATE OF KARNATAKA
OLD HUBBALLI POLICE STATION
25
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF
KARNATAKA, DHARWAD BENCH,
AT.DHARWAD
..RESPONDENT
(By Sri. V.M. SHEELAVANT, SPL. PP )
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT BAIL TO THE ABOVE ACCUSED NO. 138/PETITIONER
AS ATTACHED IN OLD HUBBALLI POLICE STATION CRIME NO. 0063/2022
PENDING BEFORE THE 4TH ADDITIONAL CIVIL JUDGE AND J.M.F.C. (JR.
DV), AT. HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTION
U/SEC. 307, 143, 147, 148, 323, 324, 333, 353, 504, 506, 427, 149 OF
INDIAN PENAL CODE AND 3(C) OF PREVENTION OF DAMAGE TO PUBLIC
PROPERTY ACT 1984 AND SEC. 16, 18 AND 20 OF UNLAWFUL ACTIVITIES
(PREVENTION) ACT.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDER ON 21.06.2022 AND COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These petitions are filed by the petitioners/accused under
Section 439 of the Code of Criminal Procedure, 1973 (hereinafter
referred to as 'Cr.P.C.' for brevity) for granting bail in Crime
No.63/2022 registered by the Old Hubballi Police for the offences
punishable under Sections 307, 143, 147, 148, 323, 324, 333, 353,
504, 506, 427 and 149 of IPC and Sections 3(c) of Prevention of
Damage of Public Properties Act, 1984 (hereinafter referred to as
'PDPP Act', for short) and subsequently invoked Sections 16, 18 and
20 of the Unlawful Activities (Prevention) Act, 1967(hereinafter
referred to as 'UA(P) Act', for short).
2. Heard Sri. C.H. Jadhav, learned senior counsel, Sri.
Sadiq N. Goodwala, Sri. Vishwanath S. Bichagatti, Sri.D.L. Ladkhan,
Sri. Neel P. Patel, Sri. A.A. Pathan and Sri. Vijay S. Chiniwar,
learned counsel for the petitioners and Sri.V.M.Sheelavant, Special
Public Prosecutor for the respondent/State.
3. The case of the prosecution is that, it is alleged by the
complainant one J.B. Kalappanavar-CHC-1328 in his complaint filed
before the SHO on 16.04.2022 alleging that the complainant and
his colleague were to attend night patrolling duty. Therefore, he
came to the police station at 9:30 pm. As Police Constable-3159
did not come within the time, he was forced to stay back in the
police station. The complainant waited for the said police constable
for going to patrolling duty. Therefore, by informing the SHO about
they going for patrolling duty and when they were going out of the
police station at about 10:30 pm, a person namely Mohammed son
of Azar Beleri and 5 to 6 persons came to the police station with
regard to matter of one Abhishek Hiremath who is stated to have
posted blasphemous and derogatory posts against their religion on
WhatsApp status, while questioning, some of the miscreants, 100 to
150 persons, gathered and started assaulting the complainant and
also Police Sub-Inspector and others by pelting stones and stick in
spite of intimating them that they(police) have already registered a
case and would take action against the said person but in spite of
the same, the mob along with the said accused abused the police in
filthy language and threatened with dire consequences. In spite of
their requests that they will take action and requested to disburse,
all of them abused the police in filthy language and brutally
assaulted the police and also damaged the vehicles and other public
property. On the basis of the complaint, the police registered a
case in Crime No.63/2022 for the foresaid offences. The police
arrested some of the accused persons and on the voluntary
statement as well as confirming the identity of the accused persons
through CCTV camera. They have been produced before the Court
and remanded to the judicial custody. During the pendnecy of the
investigation, the police invoked the provisions of UA(P) Act as the
accused persons formed unlawful assembly and also group of
persons attacked the police Station. They also stated to have
thrown slippers and pelted stones on the police station. The bail
petition filed by the petitioners are rejected by the learned Sessions
Judge. Hence, they are before this Court.
4. Learned senior counsel Sri. C.H. Jadhav appearing for
the counsel for the petitioner in Crl.P.No.101595/2022 has
strenuously contended that the names of the other accused persons
are not found in the FIR and complaint but it was mentioned as
100-150 persons came and pelted stones. There is no specific
overt act attributed against any of the accused persons. Only 10
accused persons names were mentioned in the complaint and FIR.
The injuries sustained by the police are internal injuries. There are
no external injures, even otherwise, the injuries are below the
knee. Therefore, the offence alleged under Sections 307, 353 and
333 of IPC are not attracted. The police purposely inserted Section
307 of IPC in order to curtail the petitioners from getting bail. Most
of the accused persons are arrested only on the basis of voluntary
statement of the co-accused persons. The police arrested the
accused persons without any basis. All are unknown persons as
per the complaint. Identity of these petitioners are doubtful as the
incident took place in the night hours. The complainant also
sustained only simple injuries. There is no case to presume prima
facie case against the accused persons. All are poor persons who
do not have any bad antecedents. Learned senior counsel further
contended that 7 accused persons are granted bail by the Sessions
Court and therefore, these petitioners are entitled for bail on the
ground of parity. Even otherwise, from the CCTV footage, it cannot
be possible to identify thousands of people. Hence, the provisions
of UA(P) Act is not applicable to the accused. Even reading of the
provisions of UA(P) Act, it will not attract against any of the
petitioners. Under Section 13 of the UA(P) Act, the punishment
prescribed is maximum 7 years. No deadly weapons are used.
Learned senior counsel further contended, generally, the National
Investigating Agency will not take investigation in view of UA(P) Act
as it is a schedule offence. Though there is no bar to investigate
the matter by the local police but nothing has been done.
Investigation is almost complete except filing charge sheet.
Absolutely there is no recovery from any of the petitioners.
Accused Nos.29 and 30 are suffering from liver disease. Hence,
prayed for granting bail.
5. Learned senior counsel has also relied on the following
judgments of the Co-ordinate Bench of this Court:
a. Crl.P.No.100073/2022 c/w Crl.P.No.100068/2022.
b. Crl.A. No.1318/2020.
c. Thwaha Fasal v. Union of India, (2021 SCC online SC
1000).
6. Learned counsel Sri. Bichagatti appearing for the
petitioners in Crl.P.No.101592/2022 contended that adjacent to the
police station there is a historical mosque and it was Ramzan
month where the Mohammedans people used to go to mosque for
prayers. The police station is situated in a circle connecting 7 roads.
Taking advantage of the people coming out from the mosque, the
police indiscriminately arrested and falsely implicated them. The
counsel further adopts the arguments of the learned senior counsel
and prayed for granting bail.
7. Learned counsel Sri. A.A. Pathan appearing for the
petitioners in Crl.P. No.101597/2022 also argued on the same line
as argued by the learned Senior Counsel and contended that the
petitioners are the permanent residents of Hubballi and some of the
petitioners/accused Nos.5, 8 and 12 are students. If they are not
granted bail, their future will be spoiled. Hence, prayed for granting
bail.
8. Learned Counsel Sri. Vijay S. Chiniwar appearing for the
petitioner in Crl.P.No.101632/2022 also adopted the arguments of
the learned senior counsel and contended that petitioner No.16 is
innocent of the alleged offence. His name is not found in the FIR
and there is no recovery. Hence prayed for granting bail.
9. Learned counsel Sri. D.L. Ladkhan appearing for the
petitioners in Crl.P.No.101638/2022 also adopted the arguments of
the learned senior counsel and in addition to that it is further
contended that the petitioners are petty business people. They are
the bread earners of the family. They are residents of nearby area
of the same police station and contended that the offence is not
punishable with death or imprisonment for life and the minimum
punishment prescribed is 5 years and maximum 7 years. There is
no specific averments made against these petitioners. What is the
damage caused to the property or its value is not mentioned. Only
to take political advantage, they have falsely implicated these
innocent people only for the purpose of statistical data. The
Sessions Court granted bail to 7 accused persons and contended
that Principle of innocence is rule and keeping them in jail is a pre-
trial punishment. It is further contended that there is no
notification produced by the respondent in order to invoke the
provisions of UA(P) Act. Deliberately, the police invoked UA(P) Act
to stop releasing the petitioners on bail. The police have also not
obtained any permission from the Magistrate for invoking UA(P)
Act. Therefore, prayed for granting bail.
10. Learned counsel Sri.Sadiq N. Goodwala appearing for
the petitioners in Crl.P.No.101683/2022 also adopted the
arguments of the learned counsel in the above said petitions.
11. Learned counsel Sri.Neel P. Patel appearing for the
petitioner in Crl.P.No.101735/2022 also argued on the similar point
as argued by Sri. Vishwanath Bichagatti and submits that accused
No.74 is a B.Com student and prayed for granting bail.
12. Per contra, Sri. V.M. Sheelavant, learned Special Public
Prosecutor appearing for the respondent/State has objected the bail
petitions and contended that it is not in dispute the incident took
place in front of the police station. The petitioners assaulted the
police and also damaged the properties including the vehicles, post
office, temples and 12 police vehicles and 7 police officials
sustaining injuries which clearly goes to show that the petitioners
came with an ulterior motive to attack the police station under the
guise of enquiring about the WhatsApp status by some person. In
spite of the police informing them that they have registered the
case and they will investigate the matter but the accused persons
started pelting stones and thrown slippers on the police station and
assaulted the police officials. All the accused persons were arrested
by the police after confirming their identity through CCTV footage.
The police have not arrested a single person based on the voluntary
statement except on valid evidence. They went on agitation
against the police. If one of the petitioners is the victim of certain
offence, there is no necessity for attacking the police station. They
could have approached the Court for taking further action. Without
doing so, attacking the police station, damaging the police station,
causing injury to the police which would clearly attract the
provisions of UA(P) Act. They assembled as a gang and gave threat
to the police which categorically attracts the provisions of UA(P) Act
and definition of "terrorist gang". He further contended that
investigation is under progress. The police have already requested
the State Government to accord permission to the National
Investigating Agency to investigate the matter. Therefore, at this
stage, the petitioners are not entitled for bail. He further contended
that mere threat to the police is enough to attract Section 16 of
UA(P) Act. More than 100-150 people had gathered after knowing
the WhatsApp message and they have also sent messages to other
accused persons. They came in a gang and attacked the police.
The police also arrested the accused who sent the messages and
registered a case in Crime No.62/2022. Such being the case, the
mob attacking the police station is nothing but waging war against
the sovereign of the State. Apart from these cases, there are 11
cases registered against some other accused person for causing
damage to the private vehicles, attacking the temple and attacking
other persons. Though those accused persons obtained stay order
against the investigation, subsequently, it came to be vacated.
Some of the accused are granted bail by the learned Sessions Judge
only on the ground that they are students. This incident is
continuously done against the police and this is the 3rd or 4th
incident where group of people attacking the police station and
damaging the properties. If it is allowed, India becomes another
Taliban. It is also like a similar case which occurred in Mangalore
where the High Court granted bail and the Hon'ble Supreme Court
stayed the order of releasing the accused and later after eight
months, bail has been granted. Investigation while under progress
mobile phones were seized and the screen shots and shared
messages reveals the accused persons came with an ulterior motive
to attack the police station. The slippers thrown on the police
station were almost a load of lorry which reveals that the accused
are taking law into their hands and attacking the police station
which cannot be encouraged by granting bail. Therefore, prayed
for dismissal of the petitions.
13. Having heard the learned senior counsel and other
counsel in the respective petitions and the learned Special Public
Prosecutor, perused the records.
14. The case of the prosecution is that the person against
whom the case in Crime No.62/2022 registered by the Old Hubballi
police is stated to have sent a status in the WhatsApp by
derogatory remarks about their community. On this background,
accused Nos.1 to 10 and other accused persons came to Old
Hubballi police station on 16.04.2022 at 10.30 pm by holding sticks
and stones and blamed the police for not taking any action against
the person who insulted their religion. The police though stated to
have informed that they have already taken action and registered
a case and they are making inquiry in that regard but the accused
being not satisfied, started quarreling with the police and agitated
against them. Thereafter, they called other accused persons
through WhatsApp on mobile phones and started assaulting the
police officials with an intention not only to commit murder but also
caused injuries apart from preventing them from discharging their
official duty which also attracts provisions of Sections 353, 332,
307, 143, 148 read with Section 149 of IPC. Apart from that the
petitioners have also abused the police officials in filthy language
and threatened them with dire consequences which also attracts
Section 504 and 506 of IPC. It is also borne out for the records
that the accused persons not only directed the police to take action
but also demanded the police to handover the said person who sent
derogatory statement against Prophet Mohammed and insulted the
feelings of Mohammedan people and they, as a group, started
pelting stones on the police station and threw slippers on the police
station. They also started attacking the police officials and thereby
7 police officials sustained injuries. That apart they also caused
damage to the police vehicles and police rifles kept in the police
station and on the way there is a temple , they also attacked the
temple and destroyed apart from causing damage to the private
vehicle which were parked on the road side.
15. By looking to these agitations, quarrel and conduct of
attacking the police it reflects the intention of the accused persons
in attacking the police but they demanded the police to handover
the said person to their hands as they want to punish him. The act
of the accused persons clearly reveals that they gave threat to the
police and formed an unlawful association with an intention to
attack the police is nothing but which attracts definition of 2(a)
"association" any combination or body of individuals, 2(l) "terrorist
gang" and 2(o) "unlawful activity" of UA(P) Act. That apart, as per
Section 15(1) of UA(P) Act which refers, whoever does any act with
an intent to threat or likely to threaten the unity, integrity, security
or sovereignty of India, is punishable under Section 16 of UA(P)
Act. It appears, after not only attacking the police station, the
accused damaged the police station, police vehicles, caused injuries
to the police official and demanded to hand over the person to them
as they want to take action which all establish unlawful activity.
This unlawful activity cannot be considered as a single stray
incident but it was a regular incident and with a specific intention
they gathered to attack the police station. They have not only
attacked the police station but they also damaged a nearby Hindu
temple. A complaint is also registered against one person namely
Abhishek Hiremath in Crime No.62/2022. When that is so, the
petitioners should have waited patiently and allowed the police to
investigate the matter and to file charge sheet against him.
Without doing so, the petitioners went to take the law into their
hands. They went to kill that person which is not permissible under
law. Of course everybody has a right to live and they follow their
own religion which is a right guaranteed under the Constitution of
India. But law will not allow any person for taking the law into their
hands and try to kill or punish anybody without due process of law.
16. That apart, as already stated, it is not a single incident
which has occurred where a group of people started attacking the
police station in Mangalore and thereafter a similar case at
Bangalore occurred at K.G. Halli and D.J. Halli P.S. Limit where
police station has been demolished and set fire to the police station
apart from damaging and setting fire to the house of a sitting MLA.
When this is the intention of this group of people they started
repeating not only showing their illegal activities against the State,
which is also a warning to the democracy of the country and
challenge to the sovereignty of India, otherwise they will take it as
granted and attack the police station and cause damage to the
temples and other pubic property which is not permissible.
17. Therefore, by looking to the arguments and that the
investigation is still pending, all these accused persons are arrested
not based upon the voluntary statement of any co-accused but on
the basis of their identity through CCTV footage and they actively
participated in attacking the police station which are reflected from
the case diary produced by the Investigating officer. It is a
sensational matter and if the petitioners are granted bail, there is
every possibility of they committing similar offence and misusing
the liberty is not ruled out. The police have produced copy of the
mobile communications, mobile status of the accused persons,
sending messages to other accused persons for the purpose of
assembling there for attacking the police station. The police have
already requested the Dy.SP for seeking permission to investigate
the matter by the National Investigating Agency and the same is
pending before the State Government. The letter dated 06.05.2022
reveals the same.
18. CCTV photographs are produced which not only reflects
the activities or damages and the offence committed but also
clearly reveals the identity of the accused persons which are borne
out from the photographs and damaging the vehicles. There is
prima facie material on record to show that the petitioners/accused
have involved in the commission of offence. Apart from that, there
are 11 cases registered against some of the accused persons for
causing damage to other public property, vehicles, damaging
temple etc. Though they are stated to have approached this Court
and obtained stay, subsequently, their petitions came to be
dismissed. Therefore, the matter requires a detailed investigation
and at this stage, the accused cannot be granted bail. The
judgments relied by the learned senior counsel cannot be looked
into during the course of investigation and the same could be
considered after filing of charge sheet.
19. Therefore, pending investigation, in order to bring law
and order and to keep the peace and tranquility in the area, I am
not inclined to grant bail to any of the accused even though some of
the accused are said to be students. Just because they are
students, they cannot go against the law and State and it cannot be
taken lightly that they have committed a simple offence. Therefore,
the argument addressed by the learned senior counsel for the
petitioner and other counsel for the petitioners cannot be
considered at this stage for the reasons stated above. Therefore,
I am of the view that the petitioners cannot be released on bail at
this stage. Accordingly, I pass the following order:
The criminal petitions are dismissed.
Sd/-
JUDGE
kmv
