IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.No.2798/2017 BETWEEN:
Mr. MOHAMMED FAIZAL S/O H.A.KHADER, AGED 36 YEARS, R/O HASKO MANSION, MAROOR POST, HOSANGADY, MOODABIDRE, MANGALURU TALUK-575012 ... PETITIONER (BY SRI P.P.HEGDE, ADV.) AND:
THE STATE THROUGH THE POLICE INSPECTOR, SURATHKAL POLICE STATION, MANGALURU (REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001) ... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRL.P. FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.18/2015 (C.C.NO.18/2015) OF SURATHKAL POLICE STATION, D.K., WHICH IS REGISTERED FOR THE OFFENCE P/U/S 395 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner apprehends arrest by the respondent-police in Crime No.18/2015 registered in respect of offence punishable under Section 395 of IPC. The allegation is, the accused at the wee hours of 10.2.2015, illegally confined the security personnel of K.E.I. Company and stole 276 metres of cable by using Crane and a lorry.
2. Learned counsel for the petitioner submits, specific role attributed to this petitioner is, he gave information to the co-accused about the material and no overtact is alleged against him. Similarly placed accused was granted anticipatory bail after filing of the charge sheet by the Sessions Court, but unfortunately same parameter was not applied to the petitioner. If anticipatory bail is granted for a limited period, petitioner will surrender before the concerned Court and participate in the proceedings.
3. Learned HCGP vehemently oppose the grant of anticipatory bail.
4. Perused the records. This petitioner is shown as absconding accused No.10 in the charge sheet. Though a co-accused, who stand on the similar pedestal is granted anticipatory bail by the Sessions Court, in view of the fact that petitioner has arraigned as an absconding accused will not impress upon the Court to consider his case on merits. Hence, the petition is rejected. However, in the event the petitioner serves advance copy of the bail application to the concerned Public Prosecutor, surrenders and moves necessary application, same shall be considered by the concerned Court, as expeditiously as possible in the light of the contentions raised by him before the Sessions Court.
Sd/- JUDGE ln.