Case Note & Summary
The High Court of Karnataka at Bengaluru, presided by Justice K. Somashekar, disposed of two connected criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail. The petitioners, Syed Akbar (Accused No.5) and Sadiqulla Ameen (Accused No.6), were arrested in connection with Crime No.214/2019 registered at Kalasipalya Police Station, Bengaluru, for offences punishable under Sections 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with deadly weapon), 307 (attempt to murder) read with Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code, 1860 (IPC). The factual matrix, as per the prosecution, involved an incident where the accused persons formed an unlawful assembly and attempted to commit murder. The petitioners had been in judicial custody since their arrest and filed the petitions seeking bail. The learned counsel for the petitioners argued that the petitioners were innocent and had been falsely implicated, with no prima facie case made out against them. The learned State Public Prosecutor opposed the bail applications, citing the gravity of the offences. The Court, after hearing both sides, noted that the petitioners had been in custody for a considerable period and that the allegations did not specifically attribute any overt act to the petitioners. The Court held that the petitioners were entitled to bail, subject to conditions. The Court allowed the petitions and directed the release of the petitioners on bail upon executing a personal bond of Rs.1,00,000 with one surety, and imposed conditions including not tampering with evidence, not leaving the jurisdiction without permission, and appearing before the court as required.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Regular Bail - Petitioners/accused Nos.5 and 6 sought bail in a case involving attempt to murder and unlawful assembly - Court considered the period of incarceration, nature of allegations, and lack of prima facie evidence against the petitioners - Held that bail should be granted as the petitioners were in custody since arrest and no overt act was attributed to them (Paras 1-6).
Issue of Consideration
Whether the petitioners/accused are entitled to regular bail under Section 439 of CrPC in connection with Crime No.214/2019 for offences under Sections 143, 147, 148, 307 read with 149 of IPC.
Final Decision
The court allowed the petitions and granted regular bail to the petitioners subject to conditions: executing a personal bond of Rs.1,00,000 with one surety, not tampering with evidence, not leaving the jurisdiction without permission, and appearing before the court as required.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Section 307 IPC
- Section 149 IPC
- Unlawful assembly
- Judicial custody period
- Nature of injuries
