IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1747 OF 2019 BETWEEN:
Jabeer @ Ahmed Jabeer S/o J.Mohammad, Aged about 20 years, Occu:Business R/at D.No.18-43, Jainara Pete House, Panemangalore Post and village, Bantwal Taluk-574 211.
(By Sri.Dinesh Kumar Rao K, Advocate) AND:
The State of Karnataka by Bantwal Rural Police Station, Mangaluru, D.K.
Represented by Public Prosecutor, High Court Buildings, Bengaluru-560 001 (By Sri. M.Divakar Maddur, HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.158/2018 of Bantwal Rural Police Station, D.K., for the offence punishable under Section 420, 468, 464, 417 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.4 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.158/2018 of Bantwal Rural Police Station for the offences punishable under Section 420, 468, 464, 417 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. Though this matter is listed today at Sl.No.57, the learned counsel for the petitioner submitted that the marriage of sister of the petitioner- accused is fixed on 17.03.2019 and as such the petition may be taken on priority and the interim bail may be granted. In that light, the petition is taken and following order is passed.
4. The gist of the complaint is that on 31.12.2018 when the respondent-police engaged in verifying a lorry bearing No.KA-19-C-1159 loaded with sand came from Parangipete and at that time when driver was asked to produce the permit, the driver of the lorry produced the permit bearing No.21017269. Immediately thereafter, another lorry came behind the said lorry loaded with sand, bearing No.KA-20-D-6774 and when the police asked the permit he produced the permit bearing same number. The complainant expressed suspicion about the genuineness of the permit and took the lorry to the custody and drawn mahazar. The verification came to show that the said permits which has been shown are fake and concocted creation. On the basis of the complaint, the case has been registered.
5. It is the submission of the learned counsel for the petitioner that the petitioner-accused is no where related to the illegal transportation of the sand and the only allegation which has been made against the petitioner-accused is that he used to bring the said permit and give to accused No.1. It is also not specifically said that he used to bring the said permit. He further submitted that he was only carrier of the said permit to hand it over to the accused No.1 and It is not the case of prosecution that he used to fabricate the permit and used to deliver to the said person. The alleged offence are not punishable with death or imprisonment for life. He further submitted that accused No.1 who has been apprehended has been released on bail, who is the owner of the lorry. On the ground of parity, accused No.4 is also entitled to be released on bail. Further he submitted that he is ready to co-operate with the investigation, ready to abide by any conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on anticipatory bail.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner-accused No.4 who used to create fake permits and used to deliver the same to the lorry owners and driver and used to collect huge money. By creating such fake documents, the accused-petitioner has caused huge loss of income to the State. He further submitted that investigation is still in progress, if accused-petitioner is enlarged on bail, he may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
7. I have carefully and cautiously gone through the submission made by the counsel appearing for parties and perused the records.
8. The only allegation which has been made as against the petitioner is that he used to bring created fake permits and used to hand over to accused No.1. There is no material produced to show that from where and who used to create fake permits and who is the actual person who is involved in creation of documents. No doubt, still investigation is in progress. It is not just and proper to express any opinion on that aspect. The alleged offence are not punishable with death or imprisonment for life. No serious allegations are made as against the petitioner-accused to show that he is also involved in illegal activity.
9. Be that as it may, it is the submission of the petitioner-accused that already accused-petitioner No.1 is released on bail and on the ground of parity the petitioner-accused No.4 is also entitled to be released on bail. Taking into consideration the above facts and circumstances, I feel if by imposing some stringent conditions the petitioner-accused No.4 is ordered to be released on bail it is going to meet the ends of justice.
10. Keeping in view the above facts and circumstances, petition is allowed and the petitioner- accused No.4 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.158/2018 of Bantwal Rural Police Station for the offences punishable under Section 420,468, 464, 417 of IPC subject to the following conditions:
1. The petitioner shall execute a personal bond for a sum of `2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall mark his attendance once in 15 days between 10.00 a.m. and 5.00 p.m., before the concerned police station till the chargesheet is filed.
4. He shall not indulge in similar type of criminal activities.
5. He shall be regular in attending the Court.
6. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE ag