MOHAMMED ILYAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the arguments of the petitioner's counsel and also the learned HCGP for respondent- State.

(2.) The factual matrix of the case is that, when the A.S.I. went to the house of this petitioner in connection with non-bailable warrant issued against him on 20/10/2018, this petitioner was there in the house and his family members came and informed that he is not in the house and when the police started searching him he ran away from the backside door. The family members made galata with the A.S.I. and abused him in filthy language and thereafter, when he was outside the house, again this petitioner came along with others and started to assault him and also tried to strangulate him and immediately, he came and took the treatment in the hospital and thereafter, lodged the complaint and police have registered the case against the petitioner. The main contention of the petitioner is that the petitioner is an innocent and he is a law abiding citizen and he was not present on the spot, but, the name of the petitioner has been falsely implicated and on the date of the alleged incident, the petitioner not at all gone to the said alleged place of incident and false case has been registered against this petitioner and there is no bar to grant the anticipatory bail in favour of the petitioner and there are no any ingredients to invoke Section 307 of IPC and prayed this Court to enlarge them on bail and he is ready to obey the conditions that may be imposed by this Court.

(3.) Per contra, the learned High Court Government Pleader appearing for the respondent-State in his arguments contends that this petitioner is a habitual offender and there are four cases are before Hubli police and out of four cases two cases against this petitioner are preventing the Government official in discharging the duty and there are prima facie material to believe the case of the prosecution and the petitioner is not entitled for bail. Hence, prays for dismissal of the petition.