CRL.P/201096/2020 of MOHSIN S/O DASTAGIR PATEL Vs THE STATE OF KARNATAKA AND ANR on 30 December 2020

ORDER

The petitioner/accused has approached this Court for|grant of bail under Section 439 of Code of Criminal.Procedure (for short, Cr.P.C.°) in Crime No.133/2020 ofNelogiPoliceStation,registeredforthe.offences|punishable under Sections 427, 506, 341, 143, 147, 504,|148, 323, 324, 30/7, 326 read with Section 149 of IndianPenal Code (for snort ‘IPC’) on the basis of the first|information lodged by the informant Sri Mahesh.

2. Brief facts of the case are that, the informant.Sri Mahesh lodged the first information in Nelogi PoliceStation against accused Nos.1 to 6 and otner 15 to 20members stating that he is working in Sri Sai Finance Agency and Leasing Finance and Mnapuram Finance,|Kalaburagi as Seizer and accused No.1 nad availed loanfor purchasing JCB and agreed to pay monthly installment.of Rs.34,900/- to Manapuram finance. He was very|irregular in repayment of the loan amount and had notpaid the installments for four months. In tnat regard, tneinformant contacted accused No.1 and requested him topay the monthly installments. But, accused No.1 had|abused him in filthy language and criminally intimidated|with dire consequences. On 30.09.2020 at 7.00 p.m., theinformant along with his friends as per instructions of hishigher officers, proceeded to Jewargi to seize the vehiclesin respect of which the monthly installments were notbeing paid. Since accused No.1 nad not paid the monthlyinstallments, they proceeded to seize the JCB. When theycould not found JCB, they enquired about the same andcame to know that the said vehicle is parked near a school.Accordingly, the informant along with his friends camenear the school and at that time accused persons came intnree motorcycies, armed witn deadly weapons like, Talwar, club and stones and they abused the informantand his friends witn an intention to cause their death,assaulted them with deadly weapons and caused injuries.The informant and his friends nave sustained injuries. Inthe mean time, 15 to 20 persons came there, forming|themselves into an unlawful assembly, armed witn similardeadly weapons and damaged the Bolero vehicle in wnichthe informant had came to the spot. Immediately, the|informant and other injured were shifted to DnanwantariHospital, Kalaburagi. Therefore, the informant requestedtne police to register the case and to initiate legal actionagainst tne accused. Accordingly, the police registered thecase and took up investigation. |

3. Heard Sri Chaitanyakumar Cnandriki, learned|counsel for the petitioner and Sri Sharanabasappa M. Patil,learned High Court Government Pleader for the respondent-—- State. Perused the materials on record. |

4Learned counsel for the petitioner submitted|tnat the petitioner is not named in the FIR. Subsequently,

thispetitionerand.anotner|wereapprenendedOn|O2.10.2020.TnereareabsolutelynoDasIisforapprehending this petition. Tne so called injured have notsuitered any grievous injuries. This petitioner is notrequired for further investigation. Therefore, nis detentionmay amount to pre trial punisnment. The petitioner is tnepermanent resident of the address mentioned in the causetitle of the petition and ne is ready and willing to abide byany of the conditions that would be imposed by this Court.Hence, he prays for allowing the petition. |

5. Per contra, learned High Court Government)Pleader opposing the petition submitted that serious|allegations are made against the petitioner and otheraccused for having committed the offences. The)investigation is still at tne stage initial stage. Otneraccused are still at large. Under such circumstances, this|petitioner is not entitled for grant of bail and prays fordismissal of the petition.

6. Perused the materials on record in the light of the rival submissions. The allegations made against the|petitioner/accused are serious in nature. However, thepresent petitioner is not named in tne FIR but, there isreference of 15 - 20 other persons who were armed withdeadiy weapons and assaulted the informant and others.However, the wound certificate relating to Ashok, who isone of the injured discloses that he has sustained only|three simple injuries. The learned counsel for the|petitioner submitted tnat two other injured nave alsosustained only simple injuries. This fact is not denied bytne learned High Court Government Pleader. Admittedly,the petitioner is not required for custodial interrogation. ©Therefore, I am of the opinion that the petitioner may begranted bail subject to conditions which will take care ofapprenension expressed py the learned High CourtGovernment Pleader. Hence, I proceed to pass thefollowing:

ORDER

The petition is allowed. —

Tne Petitioner/accused No.2 is ordered to be|enlarged on bail in Crime No.133/2020 of Nelogi PoliceStation on obtaining the bond in a sum of Rs.2,00,000/-(Rupees Two Lakns only) witn two sureties for the likesum,to the satisfaction of the jurisdictional Court, subject to thefollowing conditions:

a).Tne petitioner shall not commit similaroffences.offences.

D)..Tne petitioner shall not threaten ortamper with the prosecution witnesses.tamper with the prosecution witnesses.

C)..The petitioner shall appear before theCourt as and when required.Court as and when required.

Sd/-—JUDGE