Sharmoddin, Khadar Sab and Gafur vs State

C.R. Kumaraswamy

This Criminal Petition is filed u/s 439 of Cr.P.C. by the counsel for the petitioners praying to release the petitioners on bail in Crime No. 95/2012 of Hunasagi Police Station, Yadgir District, which is registered for the offences punishable under Sections 143, 147, 148, 324, 307, 504 read with Section 149 of Indian Penal Code and also u/s 3(1)(10) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocity) Act, 1989. I have heard the learned counsel for the petitioners as well as learned Additional State Public Prosecutor for respondent - State.

I have perused the FIR found in the records. The contents of FIR discloses that Hunasagi Police have registered a case in Crime No. 95/2012 against accuse No. 1 -Sharmoddin S/o Khadar Sab, accused No. 2 - Khadar Sab S/o Sharmoddin, accused No. 3 - Gafur S/o Sharmoddin, accused No. 4 - Rehaman S/o Sharmoddin and accused No. 5 - Hayib S/o Sharmoddin for the offences punishable under Sections 143, 147, 148, 324, 307, 504 read with Section 149 of Indian Penal Code and also u/s 3(1)(10) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocity) Act, 1989, on the complaint of one Paramanna. It is alleged in the complaint that on 06.10.2012 at about 9.00 p.m. complainant and his uncle''s son i.e., Parashuram together went to first petitioner''s shop which is near to the bus stand to purchase eggs. They purchased the same by paying the amount and when they were returning to the house, at that time, accused No. 1 uttered that they have not paid the amount for the purchase of eggs and also due to previous enmity, accused No. 1 i.e., petitioner No. 1 abused them in filthy language and assaulted the complainant by means of an iron rod on his waist. Consequently, he fell down. Accused No. 1 - Sharmoddin''s son Khadar Sab with an intention to kill Parashuram assaulted him by means of a chopper on his head. Accused No. 1/first petitioner''s sons namely, Gafur, Rehaman and Hayib instigated the other accused to assault them. ''At that time, Goudappa S/o Lakshmana Siddapura, Bheemanna S/o Goudappa came and rescued the injured.

In this case, the investigation is completed and charge sheet has been filed. The wound certificate produced by the learned counsel for the petitioners discloses that Parashuram has sustained cut lacerated wound on right side of the forehead 6x2x1 cm, contusion of both upper and lower lips 4x2 cm and abrasion on right knee 2x2 cm. The doctor has opined that these injuries are simple in nature. Petitioners are in judicial custody for the past one month. It is well settled law that pre trial detention is bad in law. The offences alleged against the petitioners are not punishable with death or imprisonment for life. Therefore, considering the facts and circumstances of the case, I am of the opinion that this is a fit case to grant bail at this stage. In the result, I pass the following:

ORDER

This bail petition is allowed conditionally. The petitioners are granted with bail. They shall be released on bail in Crime No. 95/2012 of Hunasagi Police on their executing a personal bond for a sum of Rs. 25,000/- each with two sureties for the likesum to the satisfaction of the learned Sessions Judge, Yadgir, on the following conditions:

The petitioners shall not tamper with the prosecution witnesses.

They shall not jump the bail.

They shall not commit similar offence.

If any condition is violated, the bail entails cancellation.