IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2500/2019 BETWEEN:
1. Mudasir Ahmed, S/o. H.Allah Bakasha Sab, Aged about 41 years, R/at Bovi Colony, Shiralkoppa Rural, Shikaripur, Shivamogga – 577 428.
2. Musadik Ahmed, S/o. B.Nazeer Ahmed, Aged about 48 years, D.B.Keri, B.N.A Street, 1st Cross, Shiralkoppa Rural, Shikaripura, Shivamogga - 577 428.
3. Mohammed Sadik, S/o. Allah Bakash, Aged about 43 years, H.K.Road, Shiralkoppa Rural, Shikaripur, Shivamogga – 577 428. ... Petitioners (By Sri. T.M.Vijay Kumar, Advocate) AND:
State of Karnataka, By Tumkur Rural P.S., Represented by SPP, High Court of Karnataka, Bengaluru - 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of their arrest in Cr.No.36/2019 of Tumkuru Rural Police Station, Tumkuru District for the offences punishable under Sections 365, 327 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest in Crime No.36/2019 for the offences punishable under Sections 365 and 327 of IPC.
2. The case of the prosecution is that on 08.03.2019 at about 9.25 a.m., when the complainant’s husband was travelling in his own Hyundai vehicle, it is alleged that Etiga car came from behind, stopped in front of him and the complainant’s husband was forcibly taken into the car along with the Honda Activa vehicle. It is stated that Basavaraju, who is a resident of the neighbouring village had seen the incident and informed the said facts to the complainant. It is stated that in light of the said incident, a complaint was filed, FIR was registered and investigation is in progress.
3. Learned counsel for the petitioners states that the complainant’s husband was present in the police station on the same day as it would come out in the statement of objections filed before the Sessions Court while opposing the application filed under Section 438 of Cr.P.C. It is further contended that there was a financial transaction and admittedly, amount has been paid by the petitioners to the complainant’s husband and the learned counsel for the petitioners draw attention to the entries in the accounts extract. Hence, it is contended that a false case has been made out in order to ensure that the petitioners did not make a claim with respect to the amount that has been paid.
4. Learned High Court Government Pleader however would submit that the petitioners cannot take law in their own hands and if there was a civil transaction giving rise to rights, it has to be enforced in an appropriate manner before the Court of law.
5. Taking note of the fact that the complainant’s husband was stated to have been present in the police station on the same day. The question as to proof of commission of offence is a matter for trial. The case rests on the oral evidence to be adduced including that of the said Basavaraju.
6. Accordingly, taking note of the allegations made and the nature of offences made is not punishable for imprisonment for life or death, a case is made out for enlarging the petitioners on bail. The petitioners are entitled to be enlarged on bail.
7. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.36/2019 for the offences punishable under Sections 365 and 327 of IPC, subject to the following conditions:-
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.36/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall physically present themselves and mark their attendance before the concerned Station House Officer, Tumkur Rural Police Station, Tumkur once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
SJK Sd/- JUDGE