1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2014 BEFORE THE HON'BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.100037/2014 BETWEEN: ASLAM SAB MEHABOOBSAB RAMADURG AGE: 29 YEARS, OCC: COOLIE R/O. MYADAR ONI, OLD HUBLI HUBLI. DIST: DHARWAD. ... PETITIONER (BY SRI.: VIJAY MALALI ADV. FOR M/S. PATIL & MALALI ASSOCIATES) AND THE STATE OF KARNATAKA KAMARIPETH P S HUBLI R/BY SPP HIGH COURT OF KARNATAKA DHARWAD. ... RESPONDENT (BY SRI.V.M.BN\ANAKAR, ADDL.SPP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL IN KAMARIPETH P S CRIME 22/2013 AND IN CC 2 NO.1463/2013 PENDING ON THE FILE OF J.M.F.C-II COURT AT HUBLI DIST: DHARWAD FOR THE OFFENCE PUNISHABLE UNDER SECTION 307 AND 436 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
A charge sheet has been filed against the petitioner
making allegations that on 6/4/2013 at about 5.30 pm, the
accused-petitioner went to the pan shop of the complainant
by name Mujpal Abdul Ajiz, with a bottle of petrol, he blowed
the petrol on the face of the complainant and lit the fire, due
to which the complainant has suffered 20-30% of burn
injures to his face and other parts of his body. In the
complaint, it is not stated what was the reason for the
accused to do that particular act. Whether there was any ill
will or hatred between the complainant and the accused.
The charge sheet papers also disclose that the injured was
admitted in the hospital and subsequently discharged. The
said certificate also shows that he suffered grievous injury.
There is absolutely no mention in the injury certificate that
the said injuries are fatal in nature. There is no life threat so
far as complainant is concerned. The petitioner was arrested
on 6/4/2013 and since then he has been in judicial custody.
He is no more required for any further interrogation,
2. Under the above said circumstances, at this stage, it
is very difficult to draw an interference that he had any illicit
intention to kill the complainant as such. That has to be
established during the course of full dressed trial.
3. Under the above said facts and circumstances of the
case, it is just and necessary to release the petitioner on bail.
The trial Court has dismissed the petition on the ground that
the petitioner has suppressed before the Court, the rejection
of previous bail petition by the same Court. But, this
particular aspect may not be in straight jacket manner
attributed to the accused, because it is the duty of the
counsel who appear for the accused to ascertain what
happened to the previous bail petition. Under the above said
circumstances, that cannot be a ground to reject the bail
petition if he is otherwise entitled to.
Hence, the following order is passed:-
Petition filed under Section 439 of Cr.P.C. is hereby
allowed. Consequently, the petitioner shall be released on
bail subject to the following conditions:
i) The petitioner shall execute a personal bond for a
sum of Rs.50,000/- with one solvent surety for
the likesum to the satisfaction of the Committal
Court / trial Court as the case may be.
ii) The petitioner shall not indulge in hampering the
investigation or tampering the prosecution
iii) He shall attend Committal / trial Court on all
future hearing dates unless prevented by any
iv) The petitioner shall not leave the jurisdiction of
the trial Court without prior permission of the
Court till the case registered against him is