IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.3901 OF 2017 C/W CRIMINAL PETITION NO.4328/2017 IN CRIMINAL PETITION No.3901 OF 2017 BETWEEN:
Asif Khan @ Asif Rehmath Khan, S/o Rasheed Rehmath Khan, Aged about 36 years, R/at No.74, Flat No.26, New Collector Colony, Malavani Colony, Mumbai-400 095. ... Petitioner (By Sri. Anees Ali Khan, Advocate for Sri. Younous Ali Khan, Advocate) AND:
State by Yeshwanthpur P.S Bengaluru.
Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru. ... Respondent (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed u/s 439 Cr.P.C praying to enlarge the petitioner on bail in Cr. No.355/2016 (C.C No.3151/2017) of Yeshwanthapura P.S, Bengaluru, for the offence P/U/S 392 of IPC.
IN CRIMINAL PETITION NO.4328/2017 BETWEEN:
Hasmukh Fukhraj Surana, S/o Late Fukharaj Surana, Aged about 46 years, R/at No.109, First No.2, Malavani Colony, Malad West, Mumbai-400 095. ... Petitioner (By Sri. Anees Ali Khan, Advocate for Sri. Younous Ali Khan, Advocates) AND:
State by Yeshwanthpur P.S Bengaluru.
Represented by the State Public Prosecutor, High Court of Karnataka, High Court Buildings, Bengaluru-01 ... Respondent (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed u/s 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.
No.355/2016 of Yeshwanthapura P.S, Bengaluru, and C.C No.3151/2017, for the offence P/U/S 392 of IPC.
These criminal petitions coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
2. The petitioners are chargesheeted in Crime No.355/2016 by the respondent-police in respect of offence punishable under Section 392 of IPC.
3. On 17.09.2016, petitioners were arrested by Jalahalli police. On the voluntary statement, the stolen property in this case i.e., half of the gold chain of the complainant is recovered.
4. Learned High Court Government Pleader opposes the petition and submits that the petitioners are habitual offenders and are involved in six cases. Learned counsel for the petitioner submits that the petitioners are enlarged on bail in all those cases.
5. Having regard to the nature of allegation, there is no impediment to allow the petition, since investigation is complete.
6. Petitions are allowed. Petitioners are enlarged on bail in Crime No.355/2016 registered by the respondent-Police subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One lakh only) each with one local surety for the likesum. Surety shall furnish their Identity Card/ Aadhar Card and original title deed pertaining to their immovable property for perusal of the Court and the surety shall not have previous history of standing surety to the accused in any other criminal case.
(ii) They shall attend Court on all hearing dates.
(iii) They shall mark their attendance on every Tuesday during the office hours before the S.H.O of the respondent police till the conclusion of the trial.
(iv) They shall not indulge in any identical activities and shall not threaten the complainant and prosecution witnesses.
(v) If any of the above conditions is violated, Investigating Officer is at liberty to seek for cancellation of bail before the trial court.
LL/DN Sd/- JUDGE