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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.5436 OF 2021

CONNECTED WITH

CRIMINAL PETITION NO.5438 OF 2021

BETWEEN:

MUJJU @ SYED AZEEMULLA SHARIFF

S/O. SYED INAYATH,

AGED ABOUT 35 YEARS,

RESIDING AT NO.10, 4^TH CROSS,

BYRAPPA LAYOUT, GOVINDPURA MAIN ROAD,

ARABIC COLLEGE POST,

BENGALURU - 560 045.

ADHAAR ADDRESS:

RESIDING AT NO.443/2,

14^TH CROSS, GOVINDPURA MAIN ROAD,

FATHIMA LAYOUT, RASHAD NAGAR,

BENGALURU - 560 045.

... PETITIONER (COMMON)

(BY SRI SALMAN, ADV.)

AND:

STATE

BY K.G. HALLI P.S.,

BENGALURU - 560 045,

REPREENTED BY THE SPECIAL PROSECUTOR,

MR. P. PRASANNA KUMAR,

T-5, 3^RD FLOOR, KRISHNA TOWERS, NO.21/22,

3^RD MAIN ROAD, OPPOSITE SAPNA BOOK HOUSE,

GANDHI NAGARA,

BENGALURU - 560 009.

... RESPONDENT (COMMON)

(BY SRI P. PRASANNA KUMAR, SPECIAL COUNSEL)

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CRIMINAL PETITION NO.5436 OF 2021 IS FILED UNDER SECTION 438

OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT OF HIS ARREST IN CRIME NO.227 OF 2020 OF KADUGONDANA HALLI

POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 143, 147, 148, 353, 332, 333 AND 307 READ WITH SECTION 149 OF

THE IPC.

CRIMINAL PETITION NO.5438 OF 2021 IS FILED UNDER SECTION 438

OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT OF HIS ARREST IN CRIME NO.228 OF 2020 OF KADUGONDANA HALLI

POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 143, 147, 148, 353, 436, 427 READ WITH SECTION 149 OF THE IPC,

SECTION 4 OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT,

1984, AND SECTIONS 2(A) AND 2(B) OF THE KARNATAKA PREVENTION OF

DESTRUCTION AND LOSS OF PROPERTY ACT, 1981.

THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

These petitions are filed by accused No.10 under Section 438

of the Code of Criminal Procedure, 1973, for granting anticipatory

bail in Crime No.227 of 2020 for the offences punishable under

Sections 143, 147, 148, 353, 332, 333 and 307 read with Section

149 of the Indian Penal Code, 1860 (for short, 'IPC') and in Crime

No.228 of 2020 for the offences punishable under Sections 143, 147,

148, 353, 436 and 427 read with Section 149 of the IPC, Section 4 of

the Prevention of Damage to Public Property Act, 1984, and Sections

2(A) and 2(B) of the Karnataka Prevention of Destruction and Loss of

Property Act, 1981, registered by K.G. Halli Police Station.

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2. Heard the arguments of the learned counsel for the

petitioner and the learned Special counsel for the respondent-State.

3. The case of the prosecution in Crime No.227 of 2020 is

that, Sri Rajesh H., Police Officer, received information from Control

Room to take necessary precaution/bandobast to control mob near

K.G. Halli Police Station limits. On 11-8-2020 at about 11:10 p.m.,

around 500 to 800 people with deadly weapons attacked the Police

Station and while controlling the said mob, the complainant and

Manjunath, Police Constable No.14099, got injured on their head,

face and hands. Hence, he registered a case against accused Nos.1

to 16.

4. The case of the prosecution in Crime No.228 of 2020 is

that, Sri Nagaraj Nedalagi, Sub-Inspector of Police, registered a case

against accused Nos.1 to 16 alleging that on 11-8-2020 at about

11:20 p.m, around 500 to 800 people gathered in front side gate of

the Police Station and were trying to gain entry inside the Police

Station and those persons were armed with deadly weapons and the

said crowd burnt the Government vehicles which were parked on the

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road near the Police Station and also private vehicles and the said

persons were identified as accused Nos.1 to 16. During

investigation, the Police arrested some of the accused persons,

remanded them to judicial custody and have been released on bail,

but the petitioner is absconding. The petitioner a