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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.5678/2021

BETWEEN:

SHAHID @ DAKAR SHAHID

S/O NOORKHAN AGED 29 YEARS

R/AT: C/O, ISMAIL HOUSE

THAHA MASJID NEAR

VINOBA 4^TH CROSS, 1^ST MAIN

NEXT TO GARLIC SHOP

K.G.HALLI, BENGALURU – 45.

… PETITIONER

(BY SRI: RAMACHANDRA SHENOY, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY BAGALURU POLICE STATION

REPRESENTED BY

THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BANGALORE – 560 001.

… RESPONDENT

(BY SRI: VINAYAKA.V.S., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

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

CR.NO.03/2020 OF BAGALUR POLICE STATION, BENGALURU

FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 324,

307, 440, 504, 506 R/W SECTION 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT PASSED THE FOLLOWING:

O R D E R

The petitioner-accused No.2 is before this Court

seeking grant of bail under Section 439 of Cr.P.C. in Crime

No.03/2020

of

Bagalur

Police

Station,

Bengaluru,

registered for the offences punishable under Sections 427,

506, 149, 341, 307, 504, 324 of the Indian Penal Code (for

short 'IPC'), on the basis of the first information lodged by

the informant –Syed Sharif.

2.

Heard

Sri.Ramachandra

Shenoy,

learned

Counsel for the petitioner and Sri.Vinayaka.V.S., learned

High Court Government Pleader for the respondent -State.

Perused the materials on record.

3.

Learned Counsel for the petitioner submitted

that the petitioner is arrayed as accused No.2. He is

innocent and has not committed any offences as alleged.

He has been falsely implicated in the matter without any

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basis. He was apprehended on 13.01.2020 and since then

he is in judicial custody. The injured has filed the first

information regarding the incident, but never mentioned

the name of the present petitioner. There are no

allegations made against the petitioner in the FIR. The

investigation has been completed and the charge sheet is

also filed. As per the charge sheet, accused Nos.1 to 4

have assaulted the injured with chopper, long and

machete. The injured has sustained only simple injuries as

per the wound certificate issued by the Bangalore Baptist

Hospital. However, the injured managed to get another

wound certificate from Columbia Asia Hospital to show

that, two injuries were grievous in nature. That shows the

intention of the informant, to falsely implicate this

petitioner and others. The petitioner is not having any

criminal antecedents. Hence, detention of the petitioner in

custody would amount to pre-trial punishment. The

petitioner is the permanent resident of the address

mentioned in the cause title to the petition and is ready

and willing to abide by any of the conditions that would be

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imposed by this Court. Hence, he prays to allow the

petition.

4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

committed the offences. The injured specifically stated

regarding over-act committed by each of the accused.

There

are

eye

witnesses

to

the

incident.

After

investigation, charge sheet is also filed. Looking to the

seriousness of the case, the accused is not entitled for

grant of bail. Hence, he prays for dismissal of the petition.

5.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

“Whether

the

petitioner

is

entitled for grant of bail under Section

439 of Cr.P.C.?”

My answer to the above point is in ‘Affirmative’ for

the following:

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R E A S O N S

6.

The materials on record disclose that serious

allegations are made against the petitioner for having

committed the off