MOHAMMED RAFIK JAMAKHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 and 13 have filed these two separate anticipatory bail petition under section 438 of Cr.P.C., seeking to enlarge them on bail, in the event of his arrest, in Crime No.89/2019 of Nargund police station, registered for the offences punishable under sections 120B, 143, 147, 148, 323, 326, 307, 341, 395, 397, 504, 506 of IPC.

(2.) The case of the prosecution in brief is that on 10.5.2019 at about 10.00a.m. near old APMC Office of Naragund town, the accused persons formed into unlawful assembly and started to quarrel with the complainant and abused him in vulgar words and assaulted him with stones and attempted to kill the complainant. Accused No.1 tried to press on his neck and also accused restrained him from proceeding further and apart from the same, they also robbed from the complainant a sum of Rs.10,000/- and thereby accused have committed the alleged offences. On the basis of the complaint, the respondent-police registered a case and have undertaken the investigation.

(3.) Petitioners accused No.1 and 13 have stated that they have been falsely implicated in the case. The investigating officer has not yet filed the chare sheet. They are the permanent residents of Naragund and there is no possibility of influencing the witnesses or tamper the evidence. There is no eye witness to the alleged incident. They are ready to abide by the conditions which may be imposed by the Court and to furnish adequate surety.