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IN THE HIGH COURT OF KARNATAKA
V. Srishananda, J.
Yunus Ahmed & Ors. – Appellants
Versus
State of Karnataka By Chitradurga Rural Police & Ors. – Respondents
Criminal Petition No. 4103 of 2024
Decided On : 02-05-2024
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 of Cr.P.C. despite serious allegations, emphasizing that prima facie evidence did not support the charge of attempted murder (Section 307 IPC). The court noted the absence of criminal antecedents for the petitioners and that the investigation had progressed sufficiently, allowing for bail with conditions to ensure compliance and prevent interference with the investigation.
Fact of the Case:
The case arose from an incident on 02.04.2024, where a mob allegedly assaulted B.H.Gowdru and stole valuables after confronting him about a conversation with a Muslim woman. Both parties lodged complaints against each other, leading to the arrest of the petitioners.
Finding of the Court:
The court found that the allegations, while serious, did not substantiate the charge of attempted murder. The petitioners had been in custody for a sufficient duration, and the investigation had progressed, allowing for the possibility of bail.
Issues: Whether the petitioners were entitled to bail given the serious nature of the charges and the ongoing investigation.
Ratio Decidendi: The court held that the absence of criminal antecedents and the lack of prima facie evidence for the charge of attempted murder justified the grant of bail under Section 439 of Cr.P.C., with conditions to mitigate prosecution concerns.
Final Decision: The bail petition was allowed, with the petitioners required to furnish a bond and comply with specific conditions to ensure their presence and prevent interference with the investigation.
ORDER
V. Srishananda, J.
Heard Sri. Hasmath Pasha, learned Senior Counsel for the revision petitioner and learned High Court Government Pleader.
2. Criminal petition is filed under Section 439 of Cr.P.C., with the following interim prayer.
3. Facts in brief, which are utmost necessary for disposal of the bail petition are as under:
Chithradurga Rural Police registered a case in Crime No.133/2024 for offences under Sections 427, 504, 143, 147, 148, 149, 395, 448, 307, 323, 324 of Indian Penal Code, on 02.04.2024 at about 8:30.p.m., based on the complainant lodged by B.H.Gowdru alias B. Facts further reveal that there was an incident that had occurred at about 2:30.p.m., on 02.04.2024, where under a Muslim Woman by name Farzana Khanum had a conversation with B.H.Gowdru alias B. At that juncture, about 18 to 20 persons from Muslim community people have forcibly ingressed to the compound wall of the house of B.H.Gowdru and took serious objection in having a conversation with Muslim Woman.
4. It is also contented that the mob assaulted with hands and legs and stones and had a Neck Chain weiging of 55 grams, One Bracelet of 30 grams and Two Rings of 20 grams and Cash of Rs.40,000/- from his pocket were stolen by the mob and they also caused damage to the car bearing registration NO.KA-16-N-6574, which was parked there.
5. In respect of the same incident, Smt. Farzana Khanum also lodged a complaint before the Women Police Station, Chitradurga against B.H.Gowdru alias B on 03.02.2024 at 6:00.a.m. Police are investigating both the matters. In the process, petitioners who were accused Nos.2, 4, 5 and 6 were arrested and they were send to Judicial custody. The attempt made by the petitioners herein to obtain an order of grant of bail is turned down by the learned District and Sessions Judge, Chithradurga. Thereafter, petitioners are before this Court.
6. Reiterating the grounds urged in the bail petition, Sri. Hasmath Pasha, learned Senior Counsel for the revision petitioners contended that even assuming that entire allegations found in the complaint lodged by Sri. B.H.Gowdru is to be accepted has gospel truth, no ingredients are attracted in so far as the offence under Section 307 of I.P.C., prima-facie.
7. He further contended that at any rate, since there is case and counter-case, the accused/petitioners are entitled to be enlarged on bail. He further pointed out that having regard to the allegations levelled against the present petitioners in the incident, continuation of the accused/petitioners in Judicial custody no longer warranted and the apprehensions expressed by the prosecution can be met with by imposing suitable conditions.
8. Per contra, learned High Court Government Pleader opposes the grant of bail on the ground that the offence alleged against the petitioners are heinous in nature and it stands proved, the petitioners are liable for the punishment of life imprisonment and therefore, gravity of the offence is on the higher side.
9. He further contended that the investigation is still in inception stage and if the bail is granted to the petitioners, then the investigation process could be hamper. He also pointed out that the release of the petitioners on bail may result in reputation of the offences and therefore, sought for release of bail.
10. Having heard the parties in detail, this Court perused the material on record. On such perusal of the material on record, admittedly, in respect of the trivial issue incident has occurred.
11. The complainant averments would clearly depict that the mob including the petitioners attacked the complainant by hands and legs and also stones and damaging the car and robbed to the precious items from the custody of the complainant. Since, the accused persons are in custody on and from 04.04.2024, the investigation could have progressed a considerable extent and at any rate, custodial interrogation if any, would have been completed. There is no criminal antecedents insofar as the petitioners are conce
The court established that bail can be granted even in serious cases if the evidence does not support the most severe charges and if the accused have no prior criminal history.
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of material witnesses as grounds for granting bail to the petitioners.
The court established that bail can be granted under Section 439 Cr.P.C. when the trial is expected to be lengthy and the offences are triable by a magistrate, highlighting the importance of the righ....
Bail is declined when a trial is at an advanced stage (313 Cr.P.C.) to prevent potential hindrance to the judicial process, provided the trial court is directed to complete the case within a specifie....
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