IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9640/2018 BETWEEN 1. MUDDABIR AHMED SHARIF, AGED ABOUT 38 YEARS, 2. SMT. AMINA AYESHA, W/O MUDDABIR AHMED SHARIF, MAJOR PETITIONERS 1 AND 2 ARE RESIDING AT NO.8, II FLOOR, 14TH MAIN ROAD, SLV PRIDE APARTMENT, HBR LAY-OUT, II BLOCK, YASEEN NAGAR, BANGALORE – 560043. ... PETITIONERS (BY SRI VEERANNA G TIGADI, ADV.) AND STATE OF KARNATAKA BY INSPECTOR OF POLICE, K G HALLI POLICE STATION, BANGALORE-560001, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE. ... RESPONDENT (BY SRI I.S.PRAMOD CHANDRA, SPP-II.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.577/2018 REGISTERED BY KADUGONDANA HALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 506,509,406,420 AND 384 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.577/2018 registered for the offences punishable under Section 506, 509, 324 read with 34 of IPC.
2. Heard the learned counsel for the petitioners and learned SPP-II for respondent.
3. The allegations made in the complaint are that, on the pretext of securing bail to the complainant, petitioner no.1 took Rs.5,85,000/- from the complainant and failed to return the same. It is further alleged that petitioner no.2. had borrowed ornaments worth Rs.10 lakhs from the complainant and did not return the same to the complainant.
4. Having regard to the allegations leveled against petitioner no.1, custodial interrogation of petitioner no.1 may be necessary for collecting material. Hence, the petitioner No.1 is not entitled for bail. Accordingly, the petition is rejected in so far as petitioner no.1 is concerned.
5. However, in so far as petitioner no.2 is concerned, according to the complaint, petitioner no.2 had taken her ornaments on the assurance that she would return the same after the performance of the marriage. Though this incident is stated to have taken place in April 2018, complaint is lodged on 16.11.2018. Taking into consideration the delay in lodging the complaint and petitioner no.2 being a lady, the application filed on her behalf is considered favourably. Hence, the following order:
Criminal Petition is partly allowed. Petition filed by petitioner no.1 is dismissed.
Petition filed by petitioner no.2-Smt.Amina Ayesha is allowed. She is directed to appear before the Investigating Officer within 10 days from the date of this order and on her appearance, the Investigating Officer shall interrogate her and shall enlarge her on bail on the same day subject to the following conditions:-
a. Petitioner No.2 shall furnish a bond in a sum of Rs.1.00 lakh(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
b. She shall appear before the Investigating Officer as and when required; and shall co-operate in the investigation, c. The petitioner shall not threaten or allure the prosecution witnesses.
Sd/- JUDGE Sk/-
CT-HR