IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7708 OF 2019 BETWEEN:
Mr.ISHAQUE BAGGASAGODU IBRAHIM BEARY, S/O. MR. IBRAHIM BEARY, AGED ABOUT 50 YEARS, R/AT AL-AZEEZ PALACE, 12TH FLOOR, ROOM No.1210, JAIL ROAD, DONGRI CHAR-NULL, DONGRI, MUMBAI-400009.
...PETITIONER (BY SRI. RAJASHEKAR S, ADVOCATE) AND:
STATE OF KARNATAKA BY MANGALORE EAST POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001.
…RESPONDENT (BY SRI.ROHITH.B.J., HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME No.140/2019 OF MANGALURU EAST POLICE STATION, MANGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTION 420 OF INDIAN PENAL CODE AND SECTIONS 10 AND 24 OF THE IMMIGRATION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. The petitioner is the sole accused in Crime No.140/2019 registered by Mangaluru East Police station, Mangaluru, for the offence punishable under Sections 10 and 24 of the Immigration Act and Section 420 of the Indian Penal Code, 1860.
3. Learned counsel for the petitioner has rightly contended that no complaint has been lodged against the petitioner by anybody but on the alleged credible information, the Police have visited the business premises of the petitioner which has been running a travel agency but they did not get anything in the office. However, they have registered a case and investigated the matter. Hitherto, the Police have not recorded the statement of the eye witnesses, who have made any allegation against the petitioner. The offences are not punishable either with death or imprisonment for life. In the absence of any specific allegations with sufficient materials, it is not necessary to decline grant of anticipatory bail. However, by imposing stringent conditions, the petitioner is entitled for anticipatory bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.140/2019 of Mangaluru East Police Station, Mangaluru, for the alleged offences, subject to the following conditions:
(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating officer.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall cooperate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
(iv) The petitioner shall not leave the jurisdiction of Mangaluru City District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
(v) The petitioner shall mark his attendance once in fifteen days on Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE sma