Karnataka High Court
Sadik. G vs State Of Karnataka Through on 8 August, 2023
Bench: S Vishwajith Shetty
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NC: 2023:KHC:27970
CRL.P No. 5079 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5079 OF 2023
BETWEEN:
1. SADIK. G
S/O ABDUL GAFAR
AGED ABOUT 20 YEARS
WARD NO 30,
HUNASINAKERE ROAD,
VISHWANATHA NAGARA,
HASSAN 573201
2. ABDUL REHAMAN
S/O LATE ALI AKBAR
AGED ABOUT 47 YEARS,
K HOSURU VILLAGE,
HALEBEEDU HOBLI,
BELUR TALUK,
HASSAN 573121. ...PETITIONERS
(BY SRI. SYED UMMER., ADVOCATE)
Digitally
signed by
NANDINI AND:
MS
Location:
High Court
of Karnataka
1. STATE OF KARNATAKA THROUGH
SAKKARAYAPATNA POLICE
KADUR TALUK
CHICKAMANGALUR
REPRESENTED SENIOR PROSECUTOR
HIGH COURT AT BANGALORE
...RESPONDENT
(BY SMT.K.P.YASHODA., HCGP)
THIS CRL.P FILED U/S 439 CR.PC BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HONOURABLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN
THE CR.NO.44/2023 REGISTERED IN SAKKARAYA PATNA
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NC: 2023:KHC:27970
CRL.P No. 5079 of 2023
POLICE STATION, CHIKKAMAGALURU DISTRICT, FOR THE
OFFENCE P/U/S 333, 324, 353, 307, 34 OF IPC, SEC. 5 AND 12
OF THE KARNATAKA PREVENTION SLAUGHTER AND
PRESERVATION OF CATTLE ACT 2020 AND SEC. 192(A) OF
INDIAN MOTOR VEHICLES ACT 1988, PENDING ON THE FILE
OF 2ND ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND
JMFC COURT AT KADUR, CHIKKMAGALURU.
THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE
COURT MADE THE FOLLOWING:
JUDGMENT
Petitioners who are accused nos. 1 and 2 in Crime
No.44/2023 registered by Sakkaraya Patna Police Station,
Chikkamagaluru District for the offences punishable under
Sections 333, 324, 353, 307 read with Sec.34 of IPC, Sections
5 and 12 of the Karnataka Prevention of Slaughter and
Preservation of Cattle Act, 2020, Section 192(A) of Motor
Vehicles Act, 1988, are before this Court seeking regular bail.
2. On the basis of the complaint dated 22.3.2023 lodged
by one A.S.Devaraj, Police Constable, Sakkaraya Patna Police
Station, FIR in Crime No.44/2023 was registered against Sadiq
and another unknown person for the aforesaid offences. During
the course of investigation, on 22.3.2023, the petitioners were
arrested. Investigation in the case is complete and charge
sheet has been filed.
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CRL.P No. 5079 of 2023
3. As per the complaint averments, on 22.3.2023, when
the complainant was on duty, Police Sub-Inspector attached to
Sakkaraya Patna Police Station informed him that cattles were
being illegally transported in a vehicle and the said vehicle is
reaching near Jodilingadahalli and accordingly asked the
complainant to intercept the said vehicle.
4. When the complainant and other staff of the Police
Station tried to intercept the vehicle which was illegally
transporting the cattle, accused no.1 Sadik who was driving the
said vehicle drove the vehicle in high speed and tried to escape.
When the complainant and staff chased him, an attempt was
made to dash the vehicle against the complainant and other
staff and as a result, complainant and other staff had suffered
injuries. Thereafter, the aforesaid Sadik and another person
who were in the vehicle had run away from the spot.
5. The complainant had brought the vehicle with the
cattle in the said vehicle to the police station and lodged a
complaint in the Police Station.
6. The petitioners' bail application under Section 439 of
Cr.PC filed before the 1st Addl.District and Sessions Judge at
Chikkamagaluru in Criminal Misc. No.289/2023 was dismissed
NC: 2023:KHC:27970
CRL.P No. 5079 of 2023
on 6.5.2023. It is under this circumstance, the petitioners are
before this Court.
7. Learned counsel for the petitioners has reiterated the
averments made in the petition and submits that charge sheet
has already been filed in the case.
8. Per contra, learned HCGP has opposed the bail
application.
9. During the course of investigation, petitioners have
been arrested on 22.3.2023 in the present case. Investigation
is complete and charge sheet has been filed. The offences
alleged against the petitioners are neither punishable with
death nor life imprisonment. Moreover, the petitioners are in
the custody from 22.3.2023. Under the circumstances, I am of
the view that petitioners' prayer for grant of regular bail is
required to be considered favourably. Accordingly, the
following:
ORDER
The petition is allowed.
The petitioners are directed to be enlarged on bail in
Criminal Misc. No.289/2023 on the file of 1st Additional District
and Sessions Judge at Chikkamagaluru arising out of Crime
NC: 2023:KHC:27970
CRL.P No. 5079 of 2023
No.44/2023 registered by Sakkaraya Patna Police for the
offences punishable under Sections 333, 324, 353, 307 read
with Sec.34 of IPC, Sections 5 and 12 of the Karnataka
Prevention of Slaughter and Preservation of Cattle Act, 2020,
Section 192(A) of Motor Vehicles Act, 1988, subject to the
following conditions:
a) Petitioners each shall execute personal
bonds for a sum of Rs.1,00,000/- (Rupees One Lakh
only) each with one surety for the likesum, to the
satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on
all the dates of hearing before the Trial Court unless
the Trial Court exempts their appearance for valid
reasons;
c) The petitioners shall not directly or
indirectly threaten or tamper with the prosecution
witnesses;
d) The petitioners shall not leave the
jurisdiction of the Trial Court without permission of
the said Court until the case registered against them
is disposed off.
SD/-
JUDGE
Sk/-
