IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7938 OF 2019 BETWEEN:
Ali Ashpak @ Asfakhanifthara S/o Mr. Hanif Thara Aged about 40 years R/at No.10, Patalama Road United Pearl Apartments Fourth Floor, Flat No.T/4 Near A.V.Hospital Basavanagudi, Bengaluru-560 004 (By Sri P.S.Rajagopal, Senior Counsel for Sri M.P.Praveen Kamath, Advocate) AND:
State of Karnataka, By Cubbon Park Police Bengaluru Represented by Public Prosecutor High Court Building Bengaluru-560 001 (By Sri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.NO.197/2019 of Cubbon Park Police Station, Bengaluru for the offence punishable under Section 420 and 120(B) of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned Senior Counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The brief factual matrix of the case which emanate from the First Information Report is that:
The petitioner is the owner of Belgaum Cricket Team and there was KPL matches held in the year 2019 from August, 15 to 31. It is alleged that during that time the petitioner involved himself in booking some of the players for Bellary team headed by one Mr. C.M.Gowtham/accused No.1 and infact the petitioner has contracted with the said C.M.Gowtham/accused No.1 in order to direct one Abrar Khaji for the purpose of giving more than ten runs in fifth over, so that, he could pay an amount of Rs.7.5 lakhs to said Abrar Khaji and he gave an amount of Rs.2.5 lakhs as advance and for the purpose of obliging the petitioner, he also agreed to give an amount of Rs.5.00 lakhs to accused No.1 C.M.Gowtham. Accordingly, an amount of Rs.5.00 lakhs was given as advance on 14.08.2019. Out of that an amount of Rs.2.5 lakhs was given to Abrar Khaji for the said purpose. Accordingly it is alleged that in the match played on 22.08.2019, said Abrar Khaji gave 10 runs particularly, in 5th over and in this background it is alleged that the petitioner has requested the said Gowtham to play in a slow manner in the match on 31.08.2019, played between Hubli and Bellary teams, likewise the accused No.1 was also directed to see that his team is defeated in the match between Shivamogga and Bellary on 03.09.2018. In the above said context, the accused No.1 was arrested and his voluntary statement was also recorded. He infact has categorically stated about the above said factual aspects and in the voluntary statement he also stated that all the transactions and conversations between the petitioner and himself was taken place by means of Whatsapp chatting. Said mobile of the accused No.1 was also seized from the custody of accused No.1.
3. In view of the above said facts and circumstances, though the learned Senior Counsel contended that the custodial investigation is not necessary in this case and the offence is not punishable with either by death or imprisonment for life, but in my opinion, it is not a easy case, because the police have to investigate and recover the materials as such in playing correct matches and these persons are virtually selling the matches for the purpose of acquiring lot of money. When the conversations have been taken place through whatsapp messages, in my opinion, recovery of mobile of the petitioner and examining the other important cricket players in this regard is absolutely necessary. Therefore, at this stage, I do not find any strong reason to release the petitioner, particularly, on anticipatory bail as it is too premature to release him on anticipatory bail. Hence the petition is devoid of merits and the same is liable to be dismissed. Accordingly, it is dismissed.
4. However, it is made clear that if the petitioner surrenders himself and files any petition seeking regular bail, the same shall be disposed of as expeditiously as possible. The trial Court while considering the bail petition of the petitioner, shall not in any manner be persuaded by any observations made by this Court in the body of this Order.
In view of the dismissal of the petition on merits, IA No.1/2019 does not survive for consideration and the same is hereby dismissed.
Sd/- JUDGE Kmv/-