Karnataka High CourtAkmal Pasha vs State Of Karnataka By on 23 November, 2016Author:RathnakalaBench:Rathnakala1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
     DATED THIS THE 23RD   DAY OF NOVEMBER, 2016
                        BEFORE
      THE HON' BLE MRS. JUSTICE RATHNAKALA

           CRIMINAL PETITION NO.7945/2016

Between:

1.     Akmal Pasha,
       Aged about 36 Years,
       S/o.Vajeer,
       Main Road, Shanivarasanthe,
       Somwarapete Taluk,
       Kodagu District - 571 236.

2.     Mujahid Pasha,
       Aged about 25 Years,
       S/o.Vajeer,
       Main Road, Shanivarasanthe,
       Somwarapete Taluk,
       Kodagu District - 571 236.

3.     Jakir, Aged about 34 Years,
       S/o.Vajeer Pasha,
       Main Road, Shanivarasanthe,
       Somwarapete Taluk,
       Kodagu District - 571 236.

4.     Zahid Pasha,
       Aged about 34 Years,
       S/o.Vajeer,
       Main Road, Shanivarasanthe,
       Somwarapete Taluk,
       Kodagu District - 571 236.

5.     Shoaib,
       Aged about 17 Years,
       S/o. Nissar,
       Main Road, Shanivarasanthe,
       Somawarapete Taluk,
                            2




      Kodagu District - 571 236.

6.    Parveez,
      Aged about 21 Years,
      S/o. Ayub,
      Sudugalale Colony,
      Shanivarasanthe,
      Somawarapete Taluk,
      Kodagu District - 571 236.

7.    Saleem,
      Aged about 28 Years,
      S/o. Munthusab,
      Gundu Rao Badavane,
      Shanivarasanthe,
      Somawarapete Taluk,
      Kodagu District - 571 236.

8.    Sardar Ahmed,
      Aged about 39 Years,
      S/o. Anwar,
      RR Extn., Shanivarasanthe,
      Somawarapete Taluk,
      Kodagu District - 571 236.

9.    Jafar,
      Aged about 32 Years,
      S/o. Chaman Sab,
      Gundu Rao Badavane,
      Shanivarasanthe,
      Somawarapete Taluk,
      Kodagu District - 571 236.

10.   Rabani,
      Aged about 26 Years,
      S/o. Chaman Sab,
      Gundu Rao Badavane,
      Shanivarasanthe,
      Somawarapete Taluk,
      Kodagu District - 571 236.

11.   Syed Ahmed,
                             3




       Aged about 60 Years,
       S/o. Hussain Sab,
       Gundu Rao Badavane,
       Shanivarasanthe,
       Somawarapete Taluk,
       Kodagu District - 571 236.

12.    Syed Neeman,
       Aged about 34 Years,
       S/o. Syed Ahmed,
       Main Road, Shanivarasanthe,
       Somawarapete Taluk
       Kodagu District - 571 236.
                                            ... Petitioners
(By Sri.Vinayakeerthy M., Advocate)

And:

State of Karnataka by
Shanivarasanthe Police Station,
Kodagu District, Represented by
The Public Prosecutor,
High Court,
Bengaluru - 560 001.
                                           ... Respondent
(By Sri.B.J.Eshwarappa, HCGP)

      This Petition IS filed underSection 438of Cr.P.C.
praying to enlarge the petitioners on anticipatory bail in
the event of their arrest in Cr.No.206/2016 of
Shanivarasanthe Police Station, Kodagu, which is
registered for the offence p/u/s 143, 144, 147, 148,
448, 395,436,354,427 and 149 ofIPC.

      This Petition coming on for    orders this day, the
Court made the following:

                        ORDERHeard Sri. Vinayakeerthy M, learned counsel for

petitioners and learned HCGP for respondent.42. Respondent-Police registered a case in       their

Crime No.206/2016 dated 11.10.2016 in respect of the

offences punishable underSections 143,144,147,148,448,395,436,354,427and149of IPC, against the

petitioners herein.3. The   allegation is, the   accused persons     on

10.10.2016 at 11.00 a.m. barged into the house of the

victim, complainant's daughter, damaged the valuables,

house hold articles and the vehicles parked in front of

the house and A1       and A3 pushed       his daughter,

tortured her and put threat to them and locked the

inmates of the house and set fire etc.4. Sri. M.Vinayakeerthy, for the petitioner submits

that the respondent-Police had registered      a case in

their Crime No.205/2016 on the very same day on the

allegation that at 1.45 p.m. unknown culprits entered

into the house of Sajeeda Banu, dragged the daughter

of the complainant and all the petitioners set fire to the

vehicle sparked in front of the house, damaged the

window and glasses etc. Both the cases are registered

in respect of the same incident. While the first complaint5was lodged by the co-sister of Sajeeda Banu, second

complaint is lodged by the father of Sajeeda Banu.

Second FIR is not permissible. Moreover, the petitioners

herein are cited as eye witnesses and panch witnesses

in respect of the murder case which is registered by the

respondent-police in their Crime No.204/2016 dated

10.10.2016 with an ulterior motive to distract the

investigation, the present complaint is lodged. No

criminal antecedents against these petitioners having

not been shown. In the given circumstances, there           is

no impediment to grant anticipatory bail.5. The petition is allowed.        The petitioners are

granted anticipatory bail in respect of Cr.No.206/2016

registered by the respondent-Police.In the event of their       arrest by the IO in respect

of Crime No.206/2016, they shall be released on

anticipatory bail, on each of them executing a self bond

for a sum of Rs.50,000/- (Rupees Fifty Thousand only),

with one   surety for the like-sum.Sd/-JUDGE
tsn*