Mohammad Asif @ Kaboor Asif & Others vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime

No.229/2016 registered by the Ullal Police Station, Mangalore, for the offence punishable under Sections 341 and 326 read with 34 of IPC.

Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case of the prosecution is that on 26.04.2016, this petitioner and other accused persons who were having common

intention, wrongfully restrained C.W.1 and among the accused persons, accused No.1 inflicted injury with wooden stick on the right hand of C.W.1, as

a result, he had sustained fracture.

The learned counsel for the petitioners would submit that no specific allegation is made against the petitioners that they inflicted injury. The only

allegation is that they shared the common intention and whether they shared the common intention or not is a matter to be tested in trial. The learned

counsel submits that non-bailable warrant is issued against the petitioners and hence, they have invoked Section 438 of Cr.P.C.

Having heard the learned counsel for the petitioners and on perusal of the allegations made in the charge-sheet, no specific over-act allegation is

made against the petitioners and only overt-act allegation is against accused No.1 that he inflicted injury to the complainant with wooden stick. The

only allegation against the petitioners is that they were along with accused persons and hence, it is a fit case to exercise the powers under Section 438

of Cr.P.C.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.229/2016

registered by the Ullal Police Station, Mangalore, for the offence punishable under Sections 341 and 326 read with 34 of IPC subject to the following

conditions:

(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order

and shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) each with two sureties each for the like-sum to the satisfaction

of the concerned Investigating Officer.

(ii) The petitioners shall not indulge in tampering the prosecution witnesses.

(iii) The petitioners shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.