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Alfadul Sobhi & Another v/s State of Karnataka, Rep. by its State Public Prosecutor, Bengaluru


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- G E CO PUBLIC LIMITED [Strike Off] CIN = U36900WB1951PLC021802

    Criminal Petition No. 3416 of 2020

    Decided On, 04 September 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE H.P. SANDESH

    For the Petitioners: D. Mohan Kumara, Advocate (Video Conference). For the Respondent: Rashmi Jadhav, HCGP (Physical Hearing).



Judgment Text


(Prayer: This Criminal Petition is filed Under Section 438/9 of Cr.P.C. praying this court to enlarge the petitioners on bail in Cr.No.48/2020 of Amruthahalli P.S., Bengaluru for the offences punishable Under Sections 332, 333, 353, 504 read with Section 34 of IPC.)

Through Video Conference:

1. This petition is filed under Section 439 of Cr.P.C, seeking regular bail of petitioner Nos.1 and 2/accused Nos.1 and 2 in Crime No.48/2020 of Amruthahally Police Station registered for the offences punishable under Sections 332, 333, 353 read with Section 34 of IPC.

2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent/State.

3. The factual matrix of the case is that, on 07.03.2020 in front of Ford Car show room in Service Road, Hebbal, Outer Ring Road, Bengaluru, the Complainant-Police Officer was on night duty. When he witnessed these petitioners in the midnight, both of them were smoking and when the complainant questioned not to do the same in the public place, both of them assaulted the complainant and caused the injuries. Based on the complaint, the police have registered a case in Crime No.48/2020 for the offences punishable under Sections 332, 333, 353 read with Section 34 of IPC.

4. Learned counsel appearing for the petitioners would submit that, these petitioners are in custody from 07.03.2020 and charge sheet has already been filed. Except the offence punishable under Section 333 of Cr.P.C, other offences are bailable in nature and no need of custodial trial. The petitioners are students and there are no any criminal antecedents against them.

5. Per contra, learned High Court Government Pleader appearing for the respondent/State would submit that these petitioners have indulged in committing the crime against the police officer, who are on duty and caused simple and grievous injuries on him. He further submits that the petitioners have come in the way of discharging the duties of police officer. Hence, the petitioners are not entitled for bail.

6. Having heard the arguments of learned counsel for the petitioners and also the learned High Court Government Pleader appearing for the respondent-State, this Court has to examine as to whether it is a fit case to exercise the powers under Section 439 of Cr.P.C.

7. Having heard the arguments of learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State and also on perusal of the material placed before the Court, the incident was taken place on 07.03.2020 midnight. On perusal of the Wound Certificate, it discloses that the injured has sustained one simple injury and one grievous injury. The petitioners are the students and having taken note of the gravity of the offences and no doubt, the petitioners have come in the way of discharging the duties of the police officer and custodial trial is not warranted since except the offence under Section 333 of IPC, other offences are bailable in nature. However, this Court has to protect and safeguard the interest of the prosecution by imposing certain conditions.

8. In view of the discussions made above, I pass the following:

ORDER

The Petition is allowed. Consequently, the petitioners No.1 and 2/accused Nos.1 and 2 shall be released on bail in connection with Crime No.48/2020 of Amruthahally Police Station registered for the offences punishable under Sections 332, 333, 353 read with Section 34 of IPC, subject to the following conditions:

(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) each with one surety for the like- sum to the satisfaction of the jurisdictional Court.

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(ii) The petitioners shall not indulge in tampering the prosecution witnesses. (iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause. (iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
O R







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