Karnataka High Court
Atheeq Ahmed vs State Of Karnataka By on 5 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:43959
CRL.P No. 11989 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11989 OF 2023
BETWEEN:
1. ATHEEQ AHMED
S/O NISAR AHMED
AGED ABOUT 43 YEARS
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
2. SHAMMU REHMAN
S/O NISAR AHMED
AGED ABOUT 41 YEARS
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
Digitally 3. H. KHAYYUM
signed by B A
KRISHNA
KUMAR
S/O ABDUL GANI SAB
Location: AGED ABOUT 36 YEARS
HIGH COURT
OF R/AT NEW BUS STAND
KARNATAKA
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
4. FAIROZ
S/O ABDUL KHAYUM
AGED ABOUT 21 YEARS
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
5. AFROZ H
S/O H KHAYUM
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NC: 2023:KHC:43959
CRL.P No. 11989 of 2023
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
6. SIDDIQUE
S/O ANVAR
AGED ABOUT 37 YEARS
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
7. SHAHID
S/O SHABBIR AHMED
AGED ABOUT 33 YEARS
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
8. NAVAB JAN
S/O ABDUL GHANI SAB
AGED ABOUT 65 YEARS
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
9. MUZAMIL AHMED
S/O NAVAB SAB
AGED ABOUT 36 YEARS
R/AT NEW BUS STAND
HARNAHALLI VILLAGE
SHIVAMOGGA - 573 122.
...PETITIONERS
(BY SRI HASHMATH PASHA, SR. COUNSEL FOR
SRI KARIAPPA N.A, ADV.)
AND:
STATE OF KARNATAKA BY
KUMSI POLICE STATION
SHIVAMOGGA - 573 122
REPRESENTED BY LEARNED
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NC: 2023:KHC:43959
CRL.P No. 11989 of 2023
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRL.P FILED U/S 438 CR.PC PRAYING TO GRANT
ANTICIPATORY BAIL IN CR.NO.220/2023 OF KUMSI POLICE
STATION OF SHIVAMOGGA DISTRICT, PENDING ON PRL.
DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA, FOR
OFFENCE P/U/S 143, 144, 147, 148, 504, 323, 324, 307, 506
R/W 149 OF IPC, WITH A DIRECTION TO RELEASE THEM ON
THE BAIL IN THE EVENT OF ARREST.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Learned Senior counsel appearing on behalf of the
petitioners submits that petition may be dismissed as not
pressed insofar as it relates to accused No.1/petitioner No.1,
with liberty to petitioner No.1 to surrender before the
jurisdictional Court and file appropriate application seeking
regular bail. He submits that in the event of petitioner No.1
surrendering before the jurisdictional Court and filing necessary
application seeking regular bail, the said Court may be directed
to consider and dispose of the same on merits on the same
day.
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2. He submits that accused No.2/petitioner No.2 has been
arrested during the pendency of this petition. Therefore,
petition may be dismissed as against accused No.2/petitioner
No.2 as infructuous.
3. The submission of learned Senior counsel is taken on
record.
4. Petitioner Nos.3 to 9, who are accused Nos.3 to 9 in
Crime No.220/2023 registered by Kumsi Police Station,
Shivamogga, for the offences punishable under Sections 143,
144, 147, 148, 504, 323, 324, 307, 506 read with Section 149
of IPC, are before this Court under Section 438 of Cr.P.C.
5. Heard the learned Senior counsel for the petitioners and
the learned HCGP for the respondent.
6. On the complaint of Sri. Sayyad Majar Sab, dated
11.10.2023, FIR in Crime No.220/2023 was registered by
Kumsi Police Station, Shivamogga, against petitioners herein
for the aforesaid offences. Apprehending their arrest in the said
case, petitioners had filed Crl.Misc.No.1148/2023 before the
Court of Prl. District and Sessions Judge, Shivamogga, which
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was rejected on 10.11.2023. Therefore, they are before this
Court.
7. Learned Senior counsel appearing for the petitioners
submits that there is a case and counter case in respect of the
incident that had taken place on the night of 10.10.2023. On
the complaint of accused No.3 in the present case, FIR in Crime
No.221/2023 was registered against complainant in the present
case and others for the offences punishable under Sections
143, 144, 147, 148, 504, 323, 324, 307, 354, 506 read with
Section 149 of IPC and in the said case, learned Sessions Judge
has granted anticipatory bail to all the accused persons
whereas in the present case, learned Sessions Judge has
refused anticipatory bail to all the accused. He submits that a
reading of the two complaints, would go to show that there was
a free fight between two parties in relation to the dispute
between them. Both the parties have suffered injuries in the
incident. Accordingly, he prays to allow the petition.
8. Per contra, learned HCGP has opposed the bail petition.
9. From a reading of the material available on record, it is
seen that there is a dispute between the two parties and civil
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cases are also pending. In the alleged incident that had taken
place on the night of 10.10.2023, both the parties have fought
against each other and suffered injuries. On the basis of the
complaint made by accused No.3 in the present case, FIR in
Crime No.221/2023 was registered by Kumsi Police Station
against Syed Majar and 15 others. Accused No.1 in Crime No.
221/2023 is the complainant in the present case. Offences
punishable under Sections 323, 324 and 307 of IPC read with
Section 149 of IPC has been invoked in both the cases
registered by Kumsi Police Station. Accused No.1 was earlier
convicted for the offence punishable under Section 307 of IPC
and the judgment and order of sentence passed against him in
S.C.No.111/2017 has been suspended by this Court in
Crl.A.No.1187/2022 and he was enlarged on bail. Therefore,
learned Sessions Judge has refused to grant anticipatory bail to
him. Insofar as accused Nos.3 to 9 are concerned, they were
not parties in S.C.No.111/2017. Under the circumstances, I am
of the view that the prayer made by accused Nos.3 to 9, who
are petitioners Nos.3 to 9 in the present petition, for grant of
anticipatory bail is required to be answered in the affirmative.
Accordingly, the following order:-
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10. Petition as against petitioner No.2 is dismissed as
infructuous.
11. Petition as against petitioner No.1 is dismissed as
withdrawn. In the event, accused No.1/petitioner No.1
surrenders before the jurisdictional Court and makes
appropriate application seeking regular bail, the same shall be
considered by the said Court as expeditiously as possible but
not later than three days from the date of such application.
12. Insofar as petitioner Nos.3 to 9 (accused Nos.3 to 9),
petition is allowed. The respondent - Police or any other police
in the State of Karnataka are directed to release the petitioner
Nos.3 to 9 (accused Nos.3 to 9) in the event of their arrest in
Crime No.220/2023 registered by Kumsi Police Station,
Shivamogga, for the offences punishable under Sections 143,
144, 147, 148, 504, 323, 324, 307, 506 read with Section 149
of IPC, subject to the following conditions:
1. The Petitioner Nos.3 to 9 shall appear before
the Investigating Officer within 15 days from the
date of receipt of the copy of this order and shall
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execute a personal bond for a sum of Rs.1,00,000/-
each with two sureties for the likesum to the
satisfaction of the investigating officer.
2. Petitioner Nos.3 to 9 shall regularly appear
before the Trial Court without fail unless exempted
by the Trial Court for valid reasons.
3. Petitioner Nos.3 to 9 shall not tamper with the
prosecution witness and they shall co-operate with
the police for investigation and appear before them
whenever called upon.
4. The petitioner Nos. 3 to 9 shall not involve in
similar offences in future;
SD/-
JUDGE
DN
