Mohammed Rasheed vs The State

Aravind Kumar, J.—1. Heard Sri Anil Kumar Navadgi, learned Advocate appearing for petitioner and Sri P.S. Patil, learned High Court Government Pleader appearing for respondent-State. Perused the records.

Petitioner has been arraigned as accused No. 2 in Crime No. 85/2015 by Bidar Town Police Station, for the offences punishable under Sections 302, 324, 504 r/w Section 34 of IPC.

It is the case of prosecution that complaint came to be lodged by one Mr. Mansoor Miyya on 14.08.2015 alleging that sister of the deceased-Gulam Mateen was given in marriage to one M.A. Waheed and prior to it, petitioner had arranged engagement of Mr. M.A. Waheed with another girl for marriage of M.A. Waheed being performed and without knowing this fact, deceased had given his sister to M.A. Waheed as such, petitioner developed ill-will on account of earlier marriage talks proposed by the deceased having failed. It is further alleged that on 14.08.2015 deceased had called the complainant to Baroodgalli at about 8.30 p.m. over phone and when he went to the place, he saw that the deceased was quarreling with petitioner and they were exchanging fisticuffs and at that point of time, son of the petitioner took out a knife and stabbed on the chest of deceased causing grievous injuries. It is also alleged that son of petitioner assaulted the complainant with punch on the head and petitioner also assaulted the complainant with wooden club on his chest, head and also on the deceased and subsequently, they were pacified. Thereafter, deceased and complainant have been shifted to Government Hospital, Bidar, for treatment but deceased did not respond to the treatment and succumbed to the injuries at about 9.15 p.m. Accordingly, criminal case was registered against accused persons. Hence, this petition has been filed under Section 439 of Cr.P.C., by accused No. 2 seeking for being enlarged on bail.

Sri Anil Kumar Navadgi, learned Advocate appearing for petitioner would submit that overt-act alleged against petitioner herein is assault on the complainant and not the assault on the deceased and petitioner has been falsely implicated by the jurisdictional police in the instant case and prays for petitioner being enlarged on bail.

Per contra, Sri P.S. Patil, learned High Court Government Pleader would oppose the prayer and contend that there is prima facie material to establish the commission of offence and said offence is punishable with death or imprisonment for life and as such, he prays for rejection of the petition.

On perusal of the averments made in the complaint as also material placed before this Court, it would indicate that sister of deceased was given in marriage to Mr. M.A. Waheed, prior to that, petitioner is said to have made arrangements for M.A. Waheed getting married to another girl and on account of said engagement having broke down, petitioner is alleged to have developed ill-will against the accused as the cause of the incident. Perusal of the allegations made in the complaint would indicate that son of the petitioner stabbed the deceased with knife on the chest and when complainant attempted to pacify, petitioner herein had assaulted him with wooden club and also adds that deceased was also hit with wooden club. As to whether petitioner had assaulted the deceased as faintly contended in the complaint is an issue which requires to be examined after full fledged trial and opinion of doctor indicating that death was due to "hemorrhagic due to stab injury", complicity of the petitioner requires to be established by the prosecution during the course of trial. In that view of the matter, this Court is of the considered view that petitioner is entitled for being enlarged on bail and cause of death of deceased being on account of stabbing of deceased by son of the petitioner Sri Mohd. Firoz and specific overt-act is alleged against said person, this Court is of the view that prima facie petitioner is entitled for being enlarged on bail.

Hence, I proceed to pass the following:

ORDER

a) Criminal Petition is hereby allowed.

b) Petitioner is ordered to be enlarged on bail in Crime No. 85/2015 registered by Bidar Town Police Station, on petitioner executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the jurisdictional Court and subject to following conditions:

i) Petitioner shall not tamper or terrorize prosecution witnesses in any manner whatsoever;

ii) Petitioner shall appear before the jurisdictional Court on all the dates of hearing unless there are exceptional circumstances;

iii) Petitioner shall mark his attendance before Bidar Town Police Station once in a week i.e., on every Sunday between 8.00 a.m., and 5.00 p.m., till the conclusion of trial;

iv) Petitioner shall not leave the jurisdiction of the Court without express permission till the disposal of the case on merits;

v) Prosecution would be at liberty to seek for cancellation of bail in the event of any of the conditions being violated;