JEELANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are filed by the petitioners/accused under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .' for brevity) for granting bail in Crime No.63/2022 registered by the Old Hubballi Police for the offences punishable under Ss. 307 , 143 , 147 , 148 , 323 , 324 , 333 , 353 , 504 , 506 , 427 and 149 of IPC and Ss. 3(c) of Prevention of Damage of Public Properties Act, 1984 (hereinafter referred to as 'PDPP Act', for short) and subsequently invoked Ss. 16 , 18 and 26 20 of the Unlawful Activities (Prevention) Act, 1967(hereinafter referred to as 'UA(P) Act', for short).

(2.) Heard Sri. C.H. Jadhav, learned senior counsel, Sri. Sadiq N. Goodwala, Sri. Vishwanath S. Bichagatti, Sri.D.L. Ladkhan, Sri. Neel P. Patel, Sri. A.A. Pathan and Sri. Vijay S. Chiniwar, learned counsel for the petitioners and Sri.V.M.Sheelavant, Special Public Prosecutor for the respondent/State.

(3.) The case of the prosecution is that, it is alleged by the complainant one J.B. Kalappanavar-CHC-1328 in his complaint filed before the SHO on 16/4/2022 alleging that the complainant and his colleague were to attend night patrolling duty. Therefore, he came to the police station at 9:30 pm. As Police Constable-3159 did not come within the time, he was forced to stay back in the police station. The complainant waited for the said police constable for going to patrolling duty. Therefore, by informing the SHO about they going for patrolling duty and when they were going out of the police station at about 10:30 pm, a person namely Mohammed son of Azar Beleri and 5 to 6 persons came to the police station with regard to matter of one Abhishek Hiremath who is stated to have posted blasphemous and derogatory posts against their religion on WhatsApp status, while questioning, some of the miscreants, 100 to 150 persons, gathered and started assaulting the complainant and also Police Sub-Inspector and others by pelting stones and stick in spite of intimating them that they(police) have already registered a case and would take action against the said person but in spite of the same, the mob along with the said accused abused the police in filthy language and threatened with dire consequences. In spite of their requests that they will take action and requested to disburse, all of them abused the police in filthy language and brutally assaulted the police and also damaged the vehicles and other public property. On the basis of the complaint, the police registered a case in Crime No.63/2022 for the foresaid offences. The police arrested some of the accused persons and on the voluntary statement as well as confirming the identity of the accused persons through CCTV camera. They have been produced before the Court and remanded to the judicial custody. During the pendnecy of the investigation, the police invoked the provisions of UA(P) Act as the accused persons formed unlawful assembly and also group of persons attacked the police Station. They also stated to have thrown slippers and pelted stones on the police station. The bail petition filed by the petitioners are rejected by the learned Sessions Judge. Hence, they are before this Court.