Case Note & Summary
The High Court of Karnataka at Bengaluru 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 complaint, was that on 22.10.2019 at about 9.30 p.m., the complainant and his friend were standing near a shop when a group of 10-12 persons came in two cars, abused them, and attacked them with deadly weapons, causing injuries. The complainant identified the petitioners as part of the assembly. 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, no overt acts were attributed to them, and they had been in custody for a considerable period. The learned SPP-2 for the State opposed the bail, contending that the petitioners were involved in a serious offence and that investigation was still pending. The Court, after hearing both sides, observed that the petitioners had been in judicial custody for a considerable period, that the investigation was almost complete, and that no prima facie case was made out against them for the offence under Section 307 IPC. The Court also noted that co-accused had been granted bail by the trial court. Consequently, the Court allowed the petitions and granted bail to the petitioners on certain conditions, including executing a personal bond of Rs.1,00,000/- with one surety, appearing before the court regularly, and not tampering with evidence or influencing witnesses.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Regular Bail - Petitioners/accused Nos. 5 and 6 sought bail in Crime No.214/2019 for offences under Sections 143, 147, 148, 307 r/w 149 IPC - Court considered the period of judicial custody, lack of prima facie evidence of overt acts, and that co-accused had been granted bail - Held that petitioners are entitled to bail on certain conditions (Paras 1-6).
Issue of Consideration
Whether the petitioners/accused are entitled to regular bail under Section 439 of CrPC for offences under Sections 143, 147, 148, 307 read with 149 of IPC.
Final Decision
The petitions are allowed. The petitioners shall be enlarged on bail on executing a personal bond of Rs.1,00,000/- with one surety. They shall appear before the trial court regularly and not tamper with evidence or influence witnesses.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Section 307 IPC
- Section 149 IPC
- Unlawful assembly
- Judicial custody period
