In The Court of The Prl/..... Dist and Sessions Judge at Kalaburagi

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IN THE COURT OF THE PRL/..... DIST AND SESSIONS JUDGE


AT KALABURAGI
Crl. Misc. No. /2023
(Crime No.17 /2023)

1. SHAIK ARBAZ AHMED S/O MOINUDDIN


Age: 21 years, Occ: fruit business ,
R/o. 7-835/4 Mijgori Road, Near Global School,
NayaMohalla, Kalaburagi.
Accused No.1...

2. MOHAMMED NADEEM AHMED S/O MOINUDDIN


Age: 25 years, Occ: fruit business
R/o. 7-835/4 Mijgori Road, Near Global School,
NayaMohalla, Kalaburagi.
Accused No.2..
3. SAMEER S/O SALEEM SAB
Age: 22 years, Occ: fruit business
R/o. 7-835/4 Mijgori Road, Near Global School,
NayaMohalla, Kalaburagi.
Accused No.3...
4. MASOOM BEGUM W/O MOINUDDIN
Age: 45 Years, Occ: Anganwadi Helper,
R/o. 7-835/4 Mijgori Road, Near Global School,
NayaMohalla, Kalaburagi.
Accused No.5…

PETITIONER No. 1 to 4
//VERSUS//

The State through Roza Police Station,

Kalaburagi
RESPONDENT….

OFFENCE U/s. 143, 147, 148, 324, 326, 354, 504 506, R/W/ 149
OF I.P.C
PETITION U/s. 438 OF Cr. P. C

May it please your Honour,

The above named petitioner No.1 to 4 submits as under.


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BRIEF FACTS OF THE CASE

On 25-3-2023 at about 12:45 AM one Rafeeq Patel S/o Mohammed


Ibrahim Patel R/o NayaMohalla, Kalaburagi given the statement before the
respondent police at Government hospital, Kalaburagi stating that, on 24-3-
2023 at about 9-30 PM the complainant were quarrelling with his wife in
respect of his family matters at that time his house neighbour
oneMasoombee came for pacify the quarrel, meanwhile, her two sons
Arbaz and Nadeem were came and telling as our mother is advising
although you are not giving respect our mother saying so and abused in
filthy language and also assaulted with a sharp object on his left ear down
and caused grievous injury. And Nadeem is also assaulted to his sister
with a sharp object on left hand index finger, and Sameer and his father
Saleem is also assaulted to his wife Shabnam Begum and Masoombee is
also assaulted with a stone. And the accused persons abused in filthy
languages and life threatened, all the incident was seen by his mother, his
wife and sister and pacified him. Thereafter they all went to their house.
Due to injuries his wife and sister took the complainant and admitted in
govt. hospital for treatment. Therefore, the legal action may take against
the all the accused persons for assault, abusing in filthy language and life
threaten.

On the basis of statement given by the complainant, the respondent


police have registered a case in crime No.17/2023for the offence
punishable 143, 147, 148, 324, 326, 354, 504 506, R/W/ 149of IPC and
submitted FIR to the jurisdictional magistrate and took up investigation.

That, in view of crime registered against the petitioner No.1 to. 4, the
petitioners are in apprehension of arrest by the respondent policeand
therefore the petitioners are approaching the Hon’ble court for getting the
relief of anticipatory bail.

Hence, this bail petition is filed.


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GROUNDS FOR BAIL

1. The accused petitioner is innocent and nothing to do with the facts


alleged against them, that the concerned police have falsely involved
in the above case.

2. It is submitted that, after going through the contents of statement of


complainant that on 24-3-2023 at 9-30 PM the complainant was
quarrelling with his wife at that time the petitioner No.4 had been to
pacify the quarrel, then the petitioner No.1 came and told as“
Hamaremaaboletoizzatnahikya”this version is clearly shows that the
complainant is not ready stop the quarrel with his wife in spite of good
suggestion by the petitioner No.4 and also shows that there is no ill-will
with the complainant therefore the committing of offence by the
petitioners does not arise at all.

3. It is submitted that, when the petitioner No.4 had been to pacify the
quarrel and advised to complainant not to ill-treat his wife then the
complainant abused in filthy language to petitioner No.4 at that time
petitioner No.1 came questioned the complainant that why do you are
abusing his mother for that the complainant abused the petitioner No.1
and assaulted with a sharp object on left hand of petitioner No.1 in this
regard a counter case has been registered against the complainant in
Roza Police station in crime No.18/2023 for the offence
punishable U/s.324, 354, 504 506 of IPC.

4. It is submitted that, the complainant injured himself while assaulting on


petitioner No.1 not from the act of petitioners, it is further submitted
that the complainant has been discharged from hospital on 26-3-2023
and not required for any further treatmentand therefore the petitioner
may kindly be enlarged on bail.

5. It is submitted that the complainant stated in his complainant that one


Saleem(name is appeared in FIR as accused No.4) is also assaulted
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to his wife with stone on her left hand. That is submitted that, the
Saleem was died on 05-12-2021 how it is possible to assault by a
dead person hence, it is clearly shows that the complainant made a
false complaint against the all the family membersto simply harass
them, therefore the petitioners may kindly be enlarged on bail

6. That, it is submitted that, the petitioner are respectable persons in the


society and also law abiding citizen and hisinvolvement is not
acceptable one therefore the Hon’ble court deserves the sympathy on
the petitioners by enlarging the petitioners on bail.

7. That, it submitted that, the alleged offence are non-bail-able in nature


but not so heinous offences to punishable with death or life
imprisonment and the alleged offences are triable by the magistrate
court . Further, it is submits that, all the petitioners have not involved
in any such types of criminal activities till today and therefore the
accused petitioner may kindly be enlarged on bail.

8. That, it submitted that the petitioner are permanent resident of


Kalaburagi and have got movable and immovable properties and they
have no chance of absconding from the justice. That, it is further
submits that the petitioner No. 1 to 3 are the only earning member of
their family and the entire family members depends upon their income
and the petitioner No.4 is women, if the petitioners is not enlarged on
bail the entire family will put great hardship and inconvenience by this
ground the petitioner may kindly be enlarge petitioners on bail.

9. That, it is submitted that, petitioners are ready to furnish surety to the


satisfaction of the Hon’ble court and also ready to abide the conditions
if any imposed by the Hon’ble court. That, the Hon’ble court got wide
and unfettered power to enlarge the petitioners on bail, therefore the
petitioners deserves the sympathy of the Hon’ble court by enlarges on
bail.
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10. That, these petitioner have not filed any similar petition before this
court or Hon’ble High court of Karnataka.
11. Some other grounds will be urge at the time of hearing.

PRAYER
WHEREFORE, it is most humbly prayed that the Hon’ble court be
pleased to grant the anticipatory bail to petitioner’s No. 1 to 4 in the event
of their arrest by the respondent police in Crime No.17/2023 of Roza P.S
Kalaburagi, by allowing the petition, in the interest of justice and equity.

Petitioners

Date: 31-3-2023 1. ShaikArbaz Ahmed S/O Moinuddin


Place: Kalaburagi
Through
2. Mohammed Nadeem Ahmed S/O
Moinuddin
3. Sameer S/O Saleem Sab
M.M. Yelasangi, Advocate
4. Masoom Begum W/O Moinuddin
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IN THE COURT OF THE PRL/…. DIST AND SESSIONS JUDGE


AT KALABURAGI
Crl. Misc. No. /2023

SHAIK ARBAZ AHMED V/S.

State through Station Bazar P. S

LIST OF DOCUMENTS

1. Certified copy of FIR and complainant statementin Crime No. 17/2023 of


RozaP.S.Kalaburagi.

2. Photo copy of FIR in crime No.18/2023

3. Photo copy of death certificate of accused No.4 Saleemsab

Place: Kalaburagi Advocate for petitioners

Date: 31/3/2023
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IN THE COURT PRL. DIST. AND SESSONS JUDGE AT KALABURAGI

Crl. Misc. No. /2023

Ambuja and others

Versus

State through Station Bazar P.S.

INDEX

Sl.No. Particulars No of C.F


pages paid

1. Petition U/s.439 (1) (b) of Cr.P.C 4

2. List of documents

Vakalatnama 1
3.
Re.1/-
Process Memo 1
4.
5. True copy to other side One
set

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Date: 1-03-2023 Advocate for petitioners

Place: Kalaburagi

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