IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7628 OF 2019 A/W CRIMINAL PETITION NO.7630 OF 2019 IN CRL.PETITION NO.7628/2019:
BETWEEN:
Mohammed Ajaruddin S/o B.M.Usman, Aged about 24 years, Residing at Yemmemadu Village, Napoklu, Kodagu District – 577 231. …Petitioner (By Sri B. Lethif, Advocate) AND:
The State of Karnataka, By Napoklu Police Station, Kodagu District, Represented by SPP, High Court Building, Bengaluru – 560 001. …Respondent (By Sri Rohith.B.J., HCGP) CRL. PETITION No.7630 OF 2019 BETWEEN:
A.A. Shameer, S/o Abdul Rehiman Aged about 28 years, R/at Padiyani, Yemmemadu village, Madikeri Taluk, Kodagu District 577 231 (By Sri B Lathief, Advocate) AND:
The State of Karnataka By Napoklu Police Station, KOdagu District, Rep. by S.P.P., High Court Building, Bengaluru 560 001 (By Sri. Rohith B.J. -HCGP) …Petitioner …Respondent These Criminal Petitions are filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.64/2019 of Napoklu P.S., Kodagu for the offences punishable under Section 120B, 328, 384 and 395 r/w Section 149 of IPC.
These Criminal Petitions 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 the respondent - State. Perused the records.
2. The petitioner in Crl.P.No.7628/2019 is arraigned as accused No.2, whereas the petitioner in Crl.P.No.7630/2019 is arraigned as accused No.5.
3. The brief facts of the case are that the respondent/police have registered a case in Cr.No.64/2019 of Napoklu Police station registered for the offences punishable under Sections 120-B, 328, 384 and 395 r/w Section 149 of IPC.
4. The facts that emanate from the records are that, one Gafoor resident of Yemmemadu village, lodged a complaint stating that he was constructing a house in Yemmemadu village. For the purpose of completion of the house he wanted to purchase some electrical equipments. In that context, on 16.08.2019 when he was in Napoklu in order to go to Madikeri, one Mr. Padiyani M.M. Kareem and Ajaruddin of the said village enquired him as to where he was going. The complainant told that he need some electrical equipments, therefore he is going to Madikeri to purchase the same. Then said M.M. Kareem said he will get the electrical equipments for reasonable rates at Mysuru, if he has sufficient cash. The complainant replied that he is having sufficient cash and also ATM card for purchase of electrical items. On the same day, said Kareem and accused No.3 asked the complainant to accompany them to Mysuru in their Mahindra vehicle bearing registration No.KA- 12- MA -613. After some time, Kareem told the complainant that his girl friend would also accompany them and near Kushalnagar, a girl was boarded the said vehicle.
5. It is further alleged that in the night hours they stayed in a Home Stay near by Mysuru. On that very night, at 12.30 to 1 a.m., about 6-7 persons came inside the Home stay by covering their faces with clothes, threatened the complainant and assaulted him with hands and clubs and snatched the bag and took away `.60,000/- and also Dubai currency worth `.55,000/- from the bag. In order to extract some more money they have taken the photographs of the complainant along with thesaid girl friend of Kareem to exploit him later. The allegations against the petitioner in Crl.P.No.7628/2019, who is arraigned as accused No.2 is that Kareem and this petitioner accompanied the complainant on that particular day. But, there is no allegations that they have robbed any money from the complainant, though during the course of investigation an amount of Rs.12,500/- and 15,000/- were recovered at the instance of the petitioners herein, as the total amount, which was robbed by 6-7 persons, who were covering their faces came and attacked the complainant.
6. In the above said circumstances and considering the factual aspects and accused Nos.3 and 4 were already released on bail in Crl.P.No.7606/2019, vide order dated 19.11.2019 and accused No.7 also has already been released on bail by the trial Court, these accused Nos.2 and 5 are entitled to be enlarged on bail. Further the petitioners were already arrested and they were sent to judicial custody, which indicates that they are no more required for further investigation, so also the alleged offences are not punishable with death of imprisonment for life, therefore, in my opinion on the ground of parity, the petitioners are also entitled for grant of bail by imposing conditions. Hence, the following:
ORDER The petitions are allowed. Consequently, the petitioners (Accused Nos.2 and 5) in the respective petitions shall be released on bail in connection with Cr.No.64/2019 of Napoklu Police Station for the alleged offences, pending on the file of Additional Civil Judge (Jr.Dn.) & JMFC., at Madikeri, Kodagu District, subject to the following conditions:
i) The petitioners (A. 2 and 5) shall execute their personal bonds for a sum of Rs.1,00,000/- each(rupees one lakh only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioners (A. 2 and 5) shall not tamper the prosecution witnesses.
iii) The petitioners (A. 2 and 5) shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioners (A. 2 and 5) shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
v) The petitioners (A. 2 and 5) shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
Sd/- JUDGE Psg*