IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 4h1 DAY OF FEBRUARY 2011 BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY CRIMiNAL PETITON No.12025/2010 BETWEEN: Sri. Noorahmed, S/o. Imamsaheb Gove, Aged 40 years, 0cc: Business, Rio. Hirebagewadi, Tq: Belgaum, Dist: Belgaum. . . . Petitioner (By Shri. Ramachandra Mali, Advocate) AND: The State of Karnataka, Rep. by Hirebagewadi Police, Now Rep. by State P.P. High Court of Kamataka Building, Circuit Bench. Dharwad. .. . Respondent (By Shri. Vinayak S. Kulkami, Government Pleader) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, seeking to enlarge the petitoner on bail in S.C.No.341/2010 on the file of the Additional Dist. and Sessions Judge and P.O. Fast Track Court — 111, Belgaum, arising out of Hirebagewadi P.S. Crime No.44/2010 registered for the offences punishable under Sections 143, 147, 148. 307, 302, 109 read with Section 149 of the Indian Penal Code. This petition coming on for orders this day, the Court made the following: ORDER Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The petitioner herein is accused No.4 and has been charge sheeted for the offences punishable under Sections 143, 147, 148, 307, 302, 109 read with Section 149 of the Indian Penal Code. 3. The facts ofthe case are as follows: One Taufiq Ismail Bagwan belonging to the Sunni Zamaat and the accused belonging to the Tabliq Zamaat had a dispute between them, regarding the procession ofthe Id-Milad festival. On 15.03.2010, at about 10:00 a.m., when the complainant and the deceased Ashfaq Hasanwale and Khwaja Ameenuddin were in front of Rehmat Masijid to enquire from the accused persons, as to why they had abused the elderly persons of Sunni Zamaat. At the instigation of accused No.10, all the accused persons had formed themselves into an unlawful assembly and started to assault the complainant. It is alleged that, accused No.6 holding a sickle, accused No.4, the present petitioner holding the wooden handle of an axe and accused No.2 holding a dagger had assaulted the deceased Ashfaqahmed and also assaulted Khwaja Menuddin and tried to harm the complainant. The complainant therefore, had rushed to the Police and had lodged a case in the above facts and circumstances. The Police on investigation arrested the accused and produced them before the Judicial Magistrate and they were remanded to judicial custody. At this stage an application under Section 438 before the Court of Sessions was rejected. Thereafter, an application was moved before this Court, which was also dismissed. It is contended that the Police have completed investigation and laid a charge sheet against the petitioner and other persons on the file of the Additional Sessions Court, Belgaurn in S.C.No.341/2010. Thereafter, the petitioner has moved an application under Section 439 before the trial Court and the trial Court has rejected the same by its 4 order dated 20.11.2010 and hence, the present petition before this Court. 4. The learned counsel for the petitioner would submit that apart from the present petitioner and accused No.6, all the accused were enlarged on bail, this is emphasised and reemphasised. However, it is noticed that accused No.2 against whom there were allegations, of him carrying a dagger and of other overt acts was not enlarged on bail. 5. Hence, the counsel has made an incorrect statement, which has the effect of misleading the Court. Therefore, the petitioner is not entitled to any relief. The petition is rejected. Sd! JUDGE Rsh