SYED IMRAN Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The Criminal Petition No.5785/2020 has been filed by the petitioner-accused No.7 and Criminal Petition No.5241/2020 has been preferred by the petitioner-accused No. 23 under Sec. 439 of Cr.P.C. to enlarge them on bail in Crime No.219/2020 of Devarajeevanahalli Police Station (D.J.Halli Police Station) for the offences punishable under Ss. 143, 144, 145, 435, 436, 447, 448, 438, 427, 120 (B), R/w Sec. 149 of IPC and under Sec. 2 of the Karnataka Prevention of Destructions and loss of Property Act, 1981, with Sec. 3(2) (iii), (iv), (v) (va)of SC/ST (POA) Act, 1989 Sec. 25 (1B) (B) of the Arms Act, 1959.

(2.) I have heard the learned counsel Sri.Syed Khaleel Pasha, for the petitioner-accused No.7 virtually and learned counsel Sri. Usman P., for the petitioner-accused No.23 and the learned Special Public Prosecutor Sri. P.Prasanna Kumar for respondent and learned counsel Sri.Murthy Dayananda Naik, for the complainant.

(3.) The gist of the case of prosecution in brief is that on 11/8/2020 when the complainant, an M.L.A. of Pulakeshinagar Constituency, Bengaluru along with his family members went to visit Temple, at about 8.00 pm, nearly about two thousand to three thousand miscreants gathered outside his house with deadly weapons and barged into his house. They destroyed all the household articles, looted gold and silver ornaments, cash and property documents. Subsequently the entire house has been set on fire including the vehicles which were parked there. It is further alleged that immediately the police also came there and requested the complainant not to go to his house due to the havoc. Subsequently he went to his house on 13/8/2020 and after verification a complaint has been registered. It is further alleged that the petitioner-accused have conspired with accused Nos.57 and 58 who are the Corporators of Congress Party. An open meeting was also held three months before the actual date of incident and in that meeting they have hatched a plan to teach a lesson to the respondent No.2/complainant and in that light the alleged incident has taken place.