Karnataka High Court
Mohammed Siyab vs The State Of Karnataka on 16 January, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 12786 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12786 OF 2024 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SIAB @MOHAMMED SIYAB, S/O SALIKA,
AGED ABOUT 24 YEARS,
R/AT. H NO.1-24/A MUBARAK MANZIL,
NEAR RAILWAY BRIDGE NAVUNDA,
UDUPI DISTRICT-576224.
...PETITIONER
(BY SRI DINESHKUMAR RAO K., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY UDUPI TOWN PS
UDUPI DISTRICT,
Digitally signed UDUPI-574101.
by SHILPA R
TENIHALLI ...RESPONDENT
Location: HIGH (BY SRI M.R. PATIL, HCGP)
COURT OF
KARNATAKA
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS)
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.100/2024 OF UDUPI TOWN POLICE STATION, UDUPI
PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
(Jr.Dn.) AND JMFC COURT, UDUPI IN C.C.NO.3384/2024
(CHARGE SHEETED FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 143, 147, 148, 341, 324, 307, 212 R/W SEC.149 OF
IPC AND U/S.3, 25(1B) OF ARMS ACT 1959.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 12786 of 2024
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.5 in Crime No.100/2024 registered by
Udupi Town Police Station for the offences punishable
Sections 143, 147, 148, 341, 324, 307, 212 read with
Section 149 of IPC and under Sections 3, 25(1B) of Arms
Act, 1959 is before this Court under Section 439 of Cr.P.C.,
seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.100/2024 was registered by
Udupi Town Police Station, for the aforesaid offences against
Sri. Mohammed Ashiq and five others on the basis of the first
information dated 26.05.2024, received from Sri.
Mohammed Sharif. The investigation in the case is completed
and the charge-sheet has been filed against eight persons for
the aforesaid offences. The petitioner is arraigned as accused
No.5 in the charge-sheet. The bail application filed by the
petitioner before the Jurisdictional Court in Crl. Misc.
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CRL.P No. 12786 of 2024
No.330/2024 was rejected on 30.10.2024. Therefore, the
petitioner is before this Court.
4. Learned counsel for the petitioner submits that,
the petitioner is in custody for the last more than three
months. The investigation is completed. The allegation of
assaulting the first informant and other injured victims is
only as against accused Nos.1 and 3. There is no specific
overt act as against the petitioner. Accordingly, he prays to
allow the petition.
5. Per contra, learned High Court Government
Pleader has opposed the petition. He submits that, the
petitioner is a person with criminal antecedents and there
are as many as 15 criminal cases pending against him. In
the event he is enlarged on bail, he is likely to tamper with
the prosecution witnesses and also indulge in committing
similar offences. Accordingly, he prays to dismiss the
petition.
6. A perusal of the first information as well as the
charge-sheet filed in the present case would go to show that,
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CRL.P No. 12786 of 2024
the first informant and accused No.1 were friends and
subsequently there was a ill-will between them since the
accused No.1 suspected that, the first informant and his
friends i.e. C.W.4 and C.W.5 had given information to the
police about his whereabouts in a criminal case in which he
was earlier arrested. It is in this background, on 21.04.2024,
they had fought with each other. As per FIR and the charge-
sheet, on 18.05.2024, after the first informant and his
friends had received information that accused No.1 was at
Manipal, they were on their way to Manipal to inform the
police about his whereabouts. While the first informant and
his friends were traveling in a car bearing registration No.KA-
13/M-5819, the accused persons who came in a car bearing
registration No.KA-13/N-3734 from the opposite side,
dashed their car against the car in which the first informant
and his friends were traveling and thereafter the inmates
from both the cars got down and accused No.3 allegedly
assaulted the first informant with the Talwar on his head and
leg, and the Juvenile accused who was along with him had
assaulted C.W.4. The accused No.1 who was driving the car
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CRL.P No. 12786 of 2024
allegedly dashed the car in which the first informant and his
friends were traveling. In the said incident, the first
informant (C.W.1) had allegedly sustained grievous injuries.
Though the incident in question had taken place on
18.05.2024, the first information is belatedly submitted on
26.05.2024. Undisputedly, there is a ill-will between both the
parties. Even as per the charge-sheet allegations, only the
accused No.3 and Juvenile accused had assaulted the first
informant and C.W.4. There is no allegation as against the
petitioner herein about assaulting anyone of the victims in
the present case. Merely for the reason that, there are other
criminal cases pending against the accused, his bail
application cannot be rejected if he is otherwise found
entitled to the relief as sought for in the petition. The
apprehension expressed by the learned High Court
Government Pleader can be taken care of by imposing
appropriate conditions on the petitioner. Accordingly, the
following order:
ORDER
The petition is allowed.
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CRL.P No. 12786 of 2024The petitioner is directed to be enlarged on bail in
Crime No.100/2024 of Udupi Town Police Station, registered
for the offences punishable under Sections 143, 147, 148,
324, 341, 307, 212 read with Section 149 of IPC in
C.C.No.3384/2024 on the file of the Principal JMFC Court,
Udupi, subject to the following conditions:
a) The petitioner shall execute personal bond for a
sum of Rs.1,00,000/- with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) The petitioner shall mark his attendance on every
Saturday between 10.00 a.m. and 1.00 p.m.
before the Station House Officer of Udupi Town
Police Station, till the present case registered
against him is disposed of.
c) The petitioner shall appear regularly on all the
dates of hearing before the Trial Court unless the
Trial Court exempts his appearance for valid
reasons;
d) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
e) The petitioner shall not involve in similar offences
in future;
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CRL.P No. 12786 of 2024
f) The petitioner shall not leave the jurisdiction of the
Trial Court without permission of the said Court
until the case registered against him is disposed
off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
SVH
List No.: 19 Sl No.: 9
CT:PK
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