MOHAMMED SAFWAN @ DATTA SAFWAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by Mohammed Safwan @ Datta Safwan who is arraigned as Accused No.40 in the FIR, Accused No.42 in the charge sheet and Accused No.25 in C.C.No.971/2018 arose out of Crime No.422/2014 of Mangalore rural police station, for the offences punishable under Sections 143 , 147 , 148 , 341 , 427 , 354 , 324 , 326 , 307 , 397 r/w 149 of IPC . The accused is in judicial custody since from the date of his arrest. Therefore, the counsel for the accused prays to enlarge him on regular bail amongst the grounds urged therein.

(2.) Heard learned counsel for the petitioner and so also, learned HCGP for the State appearing through video conferencing.

(3.) It is transpired in the complaint theory that the complaint was traveling from Ulaibettu, Mangalore along with her friend Babitha and her mother in an auto- rickshaw on 05.12.2014 at about 9.55 p.m to attend a marriage function at Parari. When they reached Ulaibettu Junction, it is alleged that about 200 Muslim youth armed with deadly weapons, stopped the said auto-rickshaw and they forcibly dragged the complainant, her mother and her friend from the auto-rickshaw and started assaulting them and also snatched the purse of one Praveen and gold chain of Smt.Yashoda and also damaged the auto- rickshaw. When they raised hue and cry, people from surrounding areas came to their rescue and at that time the assailants left the place. Thereafter the injured was shifted to Hospital in a car and admitted as inpatient. The respondent police recorded the statement of Kumari Sowmya at the Hospital where she was admitted for treatment. Based upon the complaint, the case in crime No.422/2014 came to be registered against 44 accused persons for aforesaid offences as reflected in the FIR.