RIHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The case registered against the petitioners by the respondent-Police is in the following background.

(2.) On 17.04.2020 at about 1.15 p.m, the Sub- Inspector attached to the respondent-Police had submitted a written report alleging that on that day, when he was on duty within the limits of Nippani Range, supervising the measures on account of the pandemic COVID-19 along with other staff near Gandhi Square, some persons approached the Sub- Inspector of Police and showed a video clipping in the mobile phone. In the video clipping it was found that two persons were picking up water melons from a drain. Following the visuals in the mobile phone, the Sub-Inspector of Police proceeded towards the place of incident which was found to be within the limits of Tawate Galli and on further enquiry, it was found that the petitioners herein are the two persons found in the video picking up water melons from the drain. The incident is said to have occurred on 28.03.2020 at around 3.00 p.m. It is stated that the petitioners have admitted that they are the two persons found in the video clipping. However, they have denied that they have indulged in any offence or activity which would cause any danger either to themselves or to the public to whom the water melons were being sold by the petitioners.

(3.) A crime was registered against the petitioners for the offences punishable under Sections 270 , 328 read with Section 34 of IPC. The petitioners made an application before the X Addl. Sessions Judge, at Belagavi in C.Crl.Misc.No.52/2020 for enlargement on bail. The Sessions Court has rejected the bail application and therefore this petition is filed under Section 439 of Cr.P.C.