IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.7914/2019 BETWEEN:
Rafiq Ahamed Khan S/o Rayees Ahamed Khan, Aged about 22 years, Permanent R/o 7th Cross, (Left Side Road), Tippunagar, Shivamogga, Shivamogga District-577 201. … Petitioner [By Sri. C.H.Hanumantharaya, Advocate] AND:
State of Karnataka By Doddapete Police Station, Shivamogga, (State Public Prosecutor, High Court Buildings, Bengaluru-560 001.) … Respondent [By M. Divakar Maddur, HCGP] This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.410/2018 of Doddapete Police Station, Shivamogga for the offence P/U/S 143, 147, 384,511, 307, 507, 120B, 114, 109 R/W Section 149 of IPC and Section 25 and 27 of the Indian Arms Act, 1959 and under Section 3 of Karnataka Control of Organized Crime Act, 2000.
This Criminal Petition is coming on for Orders, this day the court made the following:
ORDER The present petition has been filed by the petitioner/accused No.6 under Section 439 of Cr.P.C. seeking to release him on bail in Crime No.410/2018 of Doddapete Police Station, Shivamogga for the offences punishable under Sections 143, 147, 384, 511, 307, 507, 120B, 114, 109 read with 149 of IPC and under Sections 25 and 27 of the Indian Arms Act, 1959 and under Section 3 of Karnataka Control of Organized Crime Act, 2000 (for short ‘the KCOC Act’).
2. I have heard the learned counsel for the petitioner/accused No.6 and the learned High Court Government Pleader for respondent-State.
3. The factual matrix of the case of prosecution are that the charge sheet papers discloses that Mr.Kaleem Pasha, the complainant is doing real estate business. He has lodged the complaint stating that three months prior to lodging of the complaint he received a telephone call from an unknown caller bearing No.8747069459 threatening him that the said person has given supari to kill the complainant and demanded a sum of Rs.20 lakhs in that regard. The complainant told him to send his men to see whether he can pay the said amount. Thereafter, for a period of one month, there was no phone call from the said person. Again after one month, the complainant once again received the same type of call from the same person, who threatened him stating that the complainant has purchased lot of agricultural lands and therefore, he has to pay money to the said person. He called the complainant to come to Gopalapuradal road in Shivamogga, but the complainant did not go. After four days, i.e., on 17.4.2018, some persons came near the house of the complainant and damaged the glass of the car of one Abdul Rab, who is friend of complainant, which was parked in front of the house of complainant. In this context, a complaint came to be lodged specifically alleging that on 3.6.2018 at about 9.40 p.m. he received a telephone call from mobile No.7624899969 to the mobile of the complainant introducing him as Mujju and asked the complainant to come near Ayodhya Hotel at Shivamogga, for which the complainant told that he is in Bengaluru and disconnected the call. After 15 minutes, again he received a call and he told that their persons are watching the movements of the complainant and they will enter the house of the complainant. On the next day at about 4.00 a.m., again the complainant received the telephone call from the same number and asked the complainant as to what he is doing. The complainant replied that he is preparing to go to Mosque for doing Namaz. Then the said person told him that some persons had already come near his house to kill him. The complainant came out of the house and found two persons on a motorcycle covering their face with a towel and they fired towards the complainant. The bullet fell on the gate of the complainant and thereafter, they went away from the spot. Again the complainant received the call from the same person and informed that he got escaped on that day and on the next attack he would definitely be finished if he does not pay the amount. Accordingly, the complaint came to be filed.
4. It is the submission of the learned counsel for the petitioner/accused No.6 that earlier he has approached this Court when the investigation was still pending. Now, the investigation has been completed and charge sheet has been filed. It is his further submission that accused Nos.1 to 4 and 10 have approached the Co-ordinate Bench of this Court and the said Court in Crl.P.No.5816/2019 dated 21.10.2019 has released them on bail. The petitioner/accused No.6 stands on the similar footing and on the ground of parity, the petitioner/accused No.6 is also entitled to be released on bail. The only allegation which has been made as against the petitioner/accused No.6 is that he conspired with the other accused persons except that no serious overt acts and other participation have been alleged against him. It is his further submission that the petitioner/accused No.6 is ready to abide by any of the terms and conditions imposed by this Court and ready to offer sureties, if he is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.6 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.6 has conspired with the other accused persons, he was watching the movements and informing the same to other accused persons. He further submitted that earlier the petitioner/accused No.6 has approached this Court and this Court, considering the material placed on record has rightly dismissed the petition. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submissions made by the learned counsel appearing for the parties and perused the records.
7. The Co-ordinate Bench of this Court, while considering Crl.P.No.5816/2019 has discussed in detail with regard to applicability of KCOC Act and other provisions, even the offence alleged against the petitioner is not punishable with death or imprisonment for life. Already accused Nos.1 to 4 and 10 have been released on bail by order of the Co- ordinate Bench of this Court. Hence, on the ground of parity, the petitioner/accused No.6 is also entitled to be released on bail.
8. Accordingly, Criminal Petition is allowed and the petitioner/accused No.6 is ordered to be released on bail in Crime No.410/2018 of Doddapete Police Station, Shivamogga for the offences punishable under sections 143, 147, 384, 511, 307, 507, 120B, 114, 109 read with 149 of IPC and under Sections 25 and 27 of the Indian Arms Act, 1959 and under Section 3 of Karnataka Control of Organized Crime Act, 2000, subject to the following conditions:-
1. The petitioner/accused No.6 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the concerned Court without prior permission.
4. He shall be regular in attending the trial on all the dates of hearing.
5. He shall mark his attendance on the first date of every month between 10:00 a.m and 5:00 p.m till the trial is concluded.
6. He shall not indulge in similar type of criminal activities during pendency of the trial.
NR/-
Sd/- JUDGE