IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6356/2019 BETWEEN:
1. JAFFER S/O ABDUL KAREEM AGED ABOUT 22 YEARS R/A NO.286, 7TH MAIN H.M.G. AVENUE APARTMENT ASWATH NAGAR THANISANDRA MAIN ROAD BANGALORE-560 045.
2. PARESH SARKAR S/O LATE. PORITOSH SARKAR AGED ABOUT 33 YEARS DIGHAL KANDI VILLAGE & POST NADIA DISTRICT WEST BENGAL-741 152. (BY SRI: ANEES ALI KHAN, ADV.,) AND:
STATE BY CHIKKAJALA P.S. BANGALORE-562 157 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA ...PETITIONERS HIGH COURT BUILDINGS BANGALORE-560 001.
(BY SRI: ROHIT B.J., HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.178/2018 OF CHIKKAJALA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 323, 324, 327, 341, 344, 347, 364-A, 365, 370, 386, 387, 395, 420 R/W SEC.120-B, 34 AND 37 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos. 5 and 14 in Crime No.178/2018. It is later charge sheeted in C.C.No.742/2019 on the file of the V Additional District and Sessions Judge, Bangalore Rural District at Devanahalli and the same is committed to the Court of Sessions for the offence punishable under Sections 323, 324, 327, 341, 344, 347, 364(A), 365, 370, 386, 387, 395, 406,, 420, 465, 468 read with 120B, 34 and 37 of IPC.
3. The brief facts of the case are that he was also present at the time of the raid and he was taken to custody by the police and it is revealed from the statement of the victims that this accused along with other accused persons were acting as per the directions of accused No.1 and others for the purpose of extracting money and they threatened the witnesses with dire consequences etc. Accused No.1 Abdul Karim Rehman Khureshi @ Rehman was arrested by the police and he approached the Court of V Additional District Judge, Bangalore Rural District at Devanahalli for grant of bail and the Court has made an observation that he is the master mind of the crime, but the Police have not collected any material to show any conspiracy between the accused persons. But on the basis of the statement of some of the victims, the case has been registered against them. The allegation against this petitioners is that he was also present on that particular place and he also threatened the witnesses with dire consequences. Whether any amount has been extracted from anybody in this regard is not made out in the charge sheet though allegations are made. Any statement of the witnesses pertaining to the victim side with regard to the demand of any money from the relatives of the victim is also not available in the charge sheet.
4. The allegations made against the petitioners are that they were indulged in threatening the foreign nationals for the purpose of extracting money. From the statement of the victims, it is seen that the name of the accused No.14 is also mentioned along with other accused present and it is specifically noted that they were all acting as per the directions of accused No.1 and others for the purpose of extracting money. But there is no evidence to show that the petitioners herein were conspired with accused No.1 for the purpose of extracting money. No other materials are available on record. No damage or physical injury is said to have been made. Accused Nos. 2 to 8 have already approached this Court in Crl. 6969/2019, vide order dated 04.11.2019, this Court has enlarged him on bail on parity with certain conditions.
Hence, I proceed to pass the following:
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.
178/2018 (C.C.No.742/2019) on the file of the V Additional District and Sessions Judge, Bangalore Rural District at Devanahalli and the same is committed to the Court of Sessions for the offence punishable under Sections 323, 324, 327, 341, 344, 347, 364(A), 365, 370, 386, 387, 395, 406,, 420, 465, 468 read with 120B, 34 and 37 of IPC, subject to the following conditions:
(i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one solvent surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
SSD Sd/- JUDGE