The Karnataka High Court has granted bail to six women while refused bail to 17 men, all alleged to have formed unlawful assembly during the ongoing lockdown period in Hubli district and pelted stones and brick pieces against the police when they tried to disperse the mob.
Justice Sreenivas Harish Kumar granted bail to Shabhana Ron, Shainaj J Ron, Reshma Gadag, Mehaboobi I Mandali, Shabira Benne and Fatima, on a bond of Rs 50,000 each, alongwith one surety of like amount.
The court directed the accused women to not come out of their houses till the Government lifts the lock down period. They shall not tamper with evidence or threaten the witnesses. They shall regularly adhere to the instructions issued by the Government for control of pandemic Covid-19. Violation of any of these conditions will result in automatic cancellation of bail.
The accused were charged for the offences punishable under Sections 143, 147, 148, 188, 271, 323, 324, 332, 353, 504 read with Section 149 IPC.
It was alleged that the accused by violating the instructions issued by the Government for effective control of pandemic Covid-19, formed unlawful assembly and pelted stones and brick pieces against the police when the police wanted to disperse the mob.
The counsel for the petitioners argued that "Only for the purpose of offering prayers they came outside. The police have registered false complaint against all the petitioners." While the prosecutor produced wound certificates of five police personnel who were injured due to pelting of stones.
After which the court said "In the circumstances made out in the complaint what is to be observed is that for the public good at large, the Government issued instructions for effective control of pandemic Covid-19. If the petitioners violated those instructions and attacked the police, it has to be stated that their conduct is not commendable. Therefore, until the entire matter is investigated by the police, I do not think that the petitioners are entitled to bail. However, taking into consideration the fact that the petitioners 1 to 6 are women and have small children to be looked after, lenient view is taken only in respect of petitioners 1 to 6."
Advocate F V Patil for petitoners.
Advocate Divakar Maddur, HCGP.
Click Here To Download Order