IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION NO.449 OF 2019 BETWEEN:
MOHAMMED AFRID S/O.LATE MOHAMMED GHOUSE AGED ABOUT 19 YEARS R/AT NO.26, 9TH MAIN 13TH CROSS, PADARAYANAPURA J.J.R.NAGAR BANGALORE-560 026 ...PETITIONER (BY SRI ABDUL SAB C.B., ADVOCATE) AND:
STATE OF KARNATAKA BY V.V.PURAM POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE CITY-560 001 ...RESPONDENT (BY SRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT – POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.149/2017 IN C.C.NO.20152/2018 FOR THE OFFENCE PUNISHABLE UNDER SECTION 397 READ WITH SECTION 34 OF IPC PENDING ON THE FILE OF XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The complainant in the case had filed a complaint against three unknown persons alleging that on the night of 11.09.2017 at about 10.00 p.m. while he was going back to his home from his business premises carrying a cash of `2,50,000/- in a bag, he was robbed by three unknown persons on the way. The Police registered the same in their station in Crime No.147/2017 against the three unknown persons for the offence punishable under Section 397 read with Section 34 of Indian Penal Code.
2. It is submitted by the learned counsel for the petitioner that after completion of investigation, the Police have filed charge sheet against the three accused wherein the present petitioner is arraigned as accused No.3. Learned counsel for the petitioner submits that starting from the first information till the charge sheet is filed, there is no material to suspect the involvement of the present petitioner in the alleged commission of crime except the alleged voluntary statement of the co-accused.
3. Learned High Court Government Pleader also makes a submission on the same line. When specifically asked by the Court that except alleged voluntary statement of the co-accused, are there any material to show the alleged involvement of the present petitioner in the alleged commission of crime, he answered the same in the negative.
4. In such a situation, the submission of the learned High Court Government Pleader that except the alleged voluntary statement of the co-accused there are no incriminating materials against the present petitioner, this Court can think of no other way but to enlarge the petitioner/accused on bail, however by imposing reasonable restrictions. Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
In the event the petitioner is arrested by Vishveshwarapuram Police Station in Crime No.149/2017 for the offence punishable under Section 397 read with 34 of Indian Penal Code, he shall be enlarged on the relief of anticipatory bail, subject to the conditions that:
i) He shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh) with two sureties for the likesum to the satisfaction of the enlarging authority.
ii) He shall appear before the Investigating Officer on every 1st and 3rd Thursday of the month between 9.00 a.m. and 1.00 p.m. and mark his attendance till the investigation is completed and final report is filed.
iii) He shall not hamper and tamper the prosecution witnesses in any manner.
iv) He shall appear before the Trial Court, where the criminal case is pending, within three weeks from today.
Sd/- JUDGE PYR/-