IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 4192/2019 Between:
Imran Pasha S/o. Abbas Pasha, Aged about 37 years, R/at No.5/165, Galipura, Near Forest Department, Ahammad Nagara Mohalla, Chamarajanagar Town – 571 313. (By Sri. Manjunath N.D., Advocate) And:
The State of Karnataka Through the Chamarajanagara Town Police Station, Rep. by SPP, High Court of Karnataka, Bangalore 560001.
(By Sri. S. Rachaiah, HCGP) … Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C., praying to grant anticipatory bail by directing the respondent – Police to release the petitioner in the event of his arrest in Crime No.48/2019 for the offences punishable under Sections 420, 468, 465, 473 read with Section 34 of IPC on the file of the Chamarajanagara Town Police Station, pending on the file of the Prl. Civil Judge and JMFC, Chamarajanagar.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.48/2019 for the offences punishable under Sections 420, 468, 465, 473 read with Section 34 of IPC.
2. The case of the prosecution is that the accused No.1 i.e., petitioner along with accused No.2, who is stated to be the driver of the vehicle, have been making use of the vehicle bearing No.KA-01-AC-7755 illegally for the purpose of transportation of minor minerals. It is stated that the vehicle was seized in an accident case and on suspecting commission of some offence insofar as number plate was not displayed complaint was lodged, FIR is registered however charge sheet is still to be filed.
3. It is the further case of the prosecution that the number plate KA-05-AC-4772 has been used on the vehicle and that the vehicle bearing No.KA05-AC-4772 belongs to the petitioner. During the course of investigation, accused No.2 has been arrested who is the driver. The voluntary statement of accused No.2 recorded would show that the petitioner had employed accused No.2 for commission of offence.
4. It is contended by the learned counsel for the petitioner that the vehicle bearing No.KA-01-AC- 7755 as is found on the engine and chassis number belongs to Saddam Husain. Question as to proof of offence and as to whether the petitioner has been making use of the vehicle bearing No. No.KA-01-AC- 7755 by putting different number plate is a matter to be established during trial. Except the voluntary statement of the accused No.2, there is no material prima facie as on date to implicate the role of the petitioner. There are no criminal antecedents as against the petitioner.
5. Taking note of the fact that there are no criminal antecedents; that the driver of the vehicle has been subjected to custodial interrogation and necessary evidence has been gathered; proof of offence being a matter for trial, petitioner could be directed to co-operate with the investigation. There is force in the submission of the learned counsel for the petitioner that custodial interrogation at this stage may not be required.
6. Accordingly, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.48/2019 for the offences punishable under Sections 420, 468, 465, 473 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.48/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP