ILYAZ KHAN Vs. STATE

JUDGEMENT

(1.) The petitioners are accused Nos.1 and 2 in Crime No.26/2020 registered by the Thyamagondlu Police Station, Bengaluru District, Nelamangala Circle for the offences punishable under Sections 34 , 341 , 353 , 504 of IPC pending on the file of Senior Civil Judge and Judicial First Class Magistrate, Nelamangala. This petition is filed under Section 439 of Cr.PC for enlarging them on bail.

(2.) Dr. S R Laksmikanth lodged a complaint with the jurisdictional police alleging that on 2.4.2020 at about 11.00 p.m, when he along with other NGO's who were on duty of making enquiry of health survey of residents of each house with regard to COVID-19 pandemic and were ascertaining as to the age of the residents of each of the houses, the petitioners obstructed them from carrying out their duties and verbally abused them. Thereafter, the police have registered FIR in Crime No.26/2020 for the offences punishable under Sections 34 , 341 , 353 , 504 of IPC and arrested them on 4.4.2020 and since then they are in judicial custody.

(3.) Learned counsel for the petitioners submits that the allegations leveled against the petitioners are all false and they are languishing in jail for nearly two months. The alleged offences are not punishable with death or life imprisonment and that the petitioners have no criminal antecedents and complaint was lodged after one day from the date of alleged incident. Hence, he prays for enlarging the petitioners on bail.