IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6714/2019 BETWEEN:
AJGAR ALI S/O. SHOUKATH ALI AGED ABOUT 26 YEARS R/AT. TA RA SU STREET BEHIND BARE HIMAM MAKHAN CHITRADURGA TALUK & DISTRICT CHITRADURGA - 577501 (BY SRI HONNUR ALI, ADV.,) AND:
... PETITIONER STATE OF KARNATAKA BY THE KOTE POLICE CHITRADURGA (REPRESENTED BY LEARNED PUBLIC PROSECUTOR HIGH COURT BUILDING) BANGALORE - 560001 …RESPONDENT (BY SRI ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.17/2018 OF CHITRADURGA KOTE P.S., CHITRADURGA FOR THE OFFENCE P/U/S.120B, 420, 468, 417, 419 OF IPC 1860.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. On perusal of the records, it is seen that petitioner’s name does not find a place in FIR. He is apprehending arrest at the hands of the police in connection with Cr.No.17/2018. The case has been Suo Moto registered by the respondent-police on the ground that first accused by name Nagaraj B, has secured General Power of Attorney from one Mansoor in the year 2018, though the said Mansoor died in the year 2015 itself. Therefore, on the said allegations a case has been registered against accused No.1/Nagaraj. The petitioner is none other than the brother of deceased – Mansoor. But there is no mention in the petition throughout as to what is the reasonable apprehension in the mind of the petitioner so that the police are making hectic attempts to apprehend him. Except stating that petitioner is the brother of Mansoor, no other material is there to draw inference to reasonable apprehension at the hands of the police. Therefore, if the police are harassing the petitioner, the petitioner is at liberty to approach the competent authorities i.e., the Higher officers in the police department and inform them about his problems. Unless there is reasonable ground, a blank order cannot be granted by this Court.
3. Under the above said facts and circumstances of the case, petition is devoid of merits and the same is liable to be dismissed. However, if the police during the course of investigation incorporate the name of the petitioner, then the petitioner is at liberty to approach the court for grant of bail.
With these observations, petition stands dismissed.
Sd/- JUDGE HJ