IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.5932/2018 BETWEEN:
Sri Mohammed Khwaja Ameer Alias Ameer Alias Faizaan, M.D. Khaja Shariff, Aged about 26 years, S/o Mohammad Sharieff, (H.R.Mehaboob Sharieff), Occupation: Business, R/o Plot No.202, Ambedkar Layout, 2nd Cross, Kavalbyarasandra, Bengaluru-560 032. …Petitioner (By Sri R.S.Hegde, Advocate) AND:
The State of Karnataka By Nelamangala Rural Police, Rept. By State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. …Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.313/2017 of Nelamangala Police Station, Bengaluru District and in C.C.No.963/2018 on the file of the Principal Civil Judge and JMFC, Nelamangala for the offences punishable under Sections 395 and 411 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused No.3 under Section 438 of Cr.P.C to release him on anticipatory bail in Crime No.313/2017 of Nelamangala Rural Police Station, Bengaluru District and in C.C.No.963/2018 pending on the file of Principal Civil Judge and JMFC, Nelamangala for the offences punishable under Sections 395 and 411 of IPC.
2. I have heard the learned counsel for the petitioner-accused No.3 and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case is that the complainant is a driver of the lorry bearing Registration No.KA-18-9524. He was collecting the goods from Chikkamagaluru Transport Company and delivering the same as per the orders at various places. In that light, on 28.11.2017 at about 9.00 PM, he loaded the parcels into his lorry and when he was near the Pravasi Daba on Nelamangala-Tumkuru NH-4 highway, one Swift Car over took and placed in front of the lorry, obstructing his lorry. He stopped the lorry, in the meanwhile three to four strangers came out of the car and got into the driver’s cabin from both left and right side and forced him to get out of the lorry and thereafter, forcibly bundled him into their Swift car and one of the persons drove the lorry towards Bengaluru and car followed the lorry. Since, it was dark and the complainant was blind-folded by the said persons, he could not find out the road they were going. During the midnight hours, the complainant was dumped in some place and took the lorry and the car from there. Thereafter, the complainant informed the owner of the lorry about the incident and a complaint has been registered in this behalf.
4. It is the submission of the learned counsel for the petitioner-accused No.3 that already charge sheet has been filed and petitioner-accused No.3 is not required for further investigation or interrogation. He further submitted that already accused Nos.4 to 7 have been released on bail under the similar facts and circumstances. On the ground of parity, petitioner- accused No.3 is also entitled to be released on bail. He further submitted that earlier, the case was registered under Section 492 of IPC, subsequently, it has been converted into Sections 395 and 411 of IPC. He also submitted that the entire charge sheet materials do not disclose the involvement of the petitioner-accused No.3 in the said case. The alleged offences are not punishable with death or imprisonment for life. The petitioner-accused No.3 is ready to abide by any of the terms and conditions that may be imposed by this Court and also 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.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner- accused No.3 along with other accused persons have stolen the properties forcefully and taken away with an intention to commit the dacoity. He further submitted that the petitioner-accused No.3 is involved in many cases. If petitioner-accused No.3 is enlarged on bail, he may abscond and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the records, it discloses the fact that accused Nos.4 and 5 have approached the learned District Judge in Crl.P.No.42/2018 and accused No.7 has also approached the trial Court in Crl.Misc.P.No.850/2018, the accused persons have been released on bail by imposing some conditions. Even there are no specific overt acts stated against the petitioner-accused No.3. The alleged offences are not punishable with death or imprisonment for life. Already accused Nos.4 to 7 have been released on bail. On the ground of parity, petitioner-accused No.3 is also entitled to be released on bail by imposing some stringent condition.
8. In that light, the petition is allowed and petitioners-accused No.3 is ordered to be released on bail in the event of his arrest in Crime No.313/2017 of Nelamangala Rural Police Station, Bengaluru District and in C.C.No.963/2018 pending on the file of Principal Civil Judge and JMFC, Nelamangala for the offences punishable under Sections 395 and 411 of IPC subject to following conditions:
1. The petitioner-accused No.3 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 Investigating Officer.
2. He shall surrender before the Investigation Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m before the Investigating Officer till the trial is concluded.
5. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE HA/-