IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9254 OF 2018 BETWEEN:
Jafar Khan Ibrahim Khan Aged about 34 years R/at Door No.212, V.P.Bore, Ameen Nagar, Hunsur Town, Mysuru District-571 170 (By Sri.Mohammed Tahir, Advocate) AND:
State by Gonnikoppal Represented by State Public Prosecutor High Court Complex Building Bengaluru-560 001.
(By Sri.K.P.Yoganna, HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.119/2018 registered by Gonikioppa Police Station, Kodagu for the offence punishable under Section 380 and 454 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 under Section 438 of Cr.P.C. seeking to release him on anticipatory bail in the event of his arrest in Crime No.119/2018 of Gonikoppa Police Station for the offences punishable under Sections 380 and 454 of IPC.
2. I have heard the learned counsel appearing for the petitioner and also learned HCGP appearing for respondent-State.
3. The gist of the complaint is that on 02.09.2018, Mr.Haneef, the accountant of the complainant, went to attend the wedding of his relative at 9 am and returned back at about 3 pm. After returning back he found his room lock was opened and then realized that eight bags containing black pepper weighing 65 kgs was missing. He immediately informed the same to the complainant and thereafter, after searching for some places, when it is not found, the complaint was registered.
4. It is the submission of the learned counsel for the petitioner that petitioner-accused is the son-in- law of the Haneef-accountant and on the basis of the suspicion a false complaint has been registered. In the complaint no name of the accused person is mentioned and that the alleged offences are not punishable with death or imprisonment for life. He further submitted that the said articles are agricultural articles, they cannot be easily disposed as contended by the respondent. He further submitted that the petitioner is not having any criminal antecedent. He is ready to abide any reasonable conditions imposed by this Court and ready to co-operate with the police for further investigation. On these grounds, he prayed to allow the petition and release the petitioner-accused on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused is a criminal suspect. He is not available for investigation or interrogation and pepper of eight bags which has been stolen is not yet recovered. If he is released on bail, he may not be available for trial or investigation. The custodial investigation is very much necessary and as such he prayed to dismiss the petition. Hence, on these grounds she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the petitioner and learned HCGP and perused the records.
7. On closing reading of the complaint, the alleged incident has taken place on 02.09.2018 but the complaint has been registered on 05.09.2018, there is two days delay in filing the complaint. Even it is the contention of learned counsel for the petitioner, that he is the son-in-law of the accountant-Haneef and he is suspected and he has also visited the police station 3-4 times for enquiry. Now he is apprehended. The alleged offences are not punishable with death or imprisonment for life. The only apprehension of the learned High Court Government Pleader is that pepper of eight bags has not yet been traced out. Under such facts and circumstances, I feel, if by imposing stringent conditions the petitioner-accused may be ordered to be released on bail which is going to meet the ends of justice.
8. In the light of above facts and circumstances, petition is allowed and the petitioner- accused is ordered to be released on anticipatory bail, in the event of his arrest in Crime No.119/2018, for the offences punishable under Sections 380 and 454 of IPC registered in Gonnikoppa Police Station, subject to the following conditions:
1. In the event of his arrest, the Investigating Officer is directed to enlarge him on bail on executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigation Officer.
2. He shall surrender before the Investigation Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall mark his attendance once in 15 days between 10.00 am to 5.00 pm at the nearest Police Station where he resides.
Sd/- JUDGE ag