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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.301/2021

BETWEEN:

Ashraf

s/o.Mohammad

aged about 42 years

Shylaja Extension

Kushalnagar, Somwarpet

Kodagu-571 236

..Petitioner

(By Ms.Raksha Keerthana., Advocate

For Sri Kemparaju, Advocate)

AND:

State of Karnataka

By Kushalnagar Police Station

Kodagu

Rep.by SPP, High Court Building

Bengalauru-560 001

..Respondent

(By Smt.Rashmi Jadhav, HCGP)

This criminal petition is filed under Section 438 of

Cr.P.C. by the advocate for the petitioner praying that

this Hon9ble Court may be pleased to enlarge the

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petitioner on bail in the event of his arrest in

Cr.No.239/2014 (CC.No.18/2016) of Kushalnagar Police

Station, Kodagu District for the offences punishable

under Sections 504, 307, 324, 323 r/w. Section 34 of

IPC.

This criminal petition coming on for orders, this

day, the Court made the following:

O R D E R

This petition is filed by accused No.2 under

Section 438 of Cr.P.C. for granting anticipatory bail in

Crime No.239/2014 registered by Kushalnagar Police

for the offences punishable under Sections 504, 307,

324, 323 r/w. Section 34 of IPC.

2. It is alleged in the complaint filed by one

Srikanth who is the employee of a Bar and Restaurant,

before the police that this petitioner along with accused

Nos.1 and 3 came to Bar at 12.20 a.m. on 30.8.2014

and demanded to supply Brandy, when they said that

the bar is already closed and they cannot supply

brandy, accused Nos.1 to 3 said to have abused the

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complainant. Accused No.1 said to have assaulted

CW.2 with knife and other accused said to have

assaulted him. After assaulting, accused Nos.1 to 3

ran away from the spot in a car.

3. After registering the case, police said to have

arrested accused Nos.1 and 3. Accused No.2, the

present

petitioner

has

absconded

and

hence

absconding charge sheet has been filed. The case was

split up and due to continuous absence of this

petitioner, warrant, proclamation and attachment were

issued under Sections 70, 82 and 83 of Cr.P.C. and in

spite of the same, police were not able to trace the

petitioner. The co-accused are already facing the trial

before the Sessions Judge and this petitioner has

approached

the

Sessions

Judge

for

granting

anticipatory bail, which came to be dismissed on

18.12.2020. Hence, he is before this Court.

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4.

Learned

counsel

for

the

petitioner

has

contended that the petitioner is innocent and he is not

aware of registration of the case. He is doing fruit

vending business at Bengaluru and his mother is

staying in Kodagu. He came to know about filing of the

charge sheet only when attachment warrant has been

issued by the Court. He is ready to abide by any

conditions to be imposed by this Court. The injuries

sustained by the injured are simple in nature. Hence,

he prayed for allowing the petition.

5. Per contra, the learned HCGP has seriously

objected the bail petition and contended that this

petitioner has absconded from the date of offence. Till

date his whereabouts are not known, in spite of

issuance of warrant and proclamation, police were not

able to secure his presence. If he is granted

anticipatory bail, he may likely to abscond and tamper

with the prosecution witnesses. He has delayed the

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process of disposal of the case. Hence, she prayed for

dismissal of the petition.

6. Upon hearing the arguments and on perusal of

the records, admittedly the police have filed absconded

charge sheet against the petitioner. Address of the

petitioner is shown as Kushalnagar, Kodagu. Accused

Nos.1 and 3 are already facing trial before the Sessions

Judge. Accused Nos.1 to 3 came to the Bar and asked

for supplying of brandy, when the same was refused by

CW.1, they said to have assaulted the injured. The

allegation against the present petitioner is th