VAZEER KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners, in all, 126 persons were taken into custody by the respondent - Police on the allegation that, on 19.04.2020, at about 6.30 p.m. and 6.50 p.m., the petitioners/accused persons formed into an unlawful assembly with intention to spread Corona infection and obstructed the medical officers attached to the BBMP from lawfully discharging their official duties and also obstructed the complainant and the police personnel on duty by pelting stones on the police and assaulting them with knife, rods and clubs, making an attempt on the life of the police personnel and during the occurrence, damaged the chairs, tables kept in the check-post and caused extensive damage to the public property.

(2.) The PSI of JJ Nagar Police Station CW.1 lodged a report based on which Crime No.71/2020 was registered and the petitioners herein were arrested on different dates and were remanded to judicial custody. The application filed by the petitioners for their release on bail has been rejected by the Closure Period Judge at Bengaluru (Court of Principal City Civil and Sessions Judge at Bengaluru) in C.Crl.Misc.No.41/2020 dated 05.05.2020, mainly on the ground that the facts and allegations made in the FIR reveal that on the date of the incident, all the petitioners were armed with deadly weapons and damaged public property and caused injury to public servants. It has been observed that the accused persons were motivated to commit rioting with a preplan and in the process, assaulted public servants and violated the promulgation notified by the Government. Further observing that the petitioners were required to be identified by the witnesses and that the Investigating Officer had to collect evidence to assess the total damage caused to public property, learned Sessions Judge found it proper to reject the application. On dismissal of the said application, petitioners have approached this Court under section 439 Cr.P.C.

(3.) I have heard Sri.C.V.Nagesh, learned Senior Counsel appearing for Sri.Muiz Ahmed Khan Usmani, learned counsel, on behalf of petitioners and Sri.V.M.Sheelavant, learned SPP-I on behalf of respondent State.