IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4231 OF 2019 Between:
Sri Mohammed Muktiyar Ahmed @ Muqthar Ahmed s/o late Aftab Ahmed Aged about 46 years Residing at No.1667, 1st Cross Near Petrol Bunk, Shivaramaiah Layout, Kalan Nagar Bengaluru North Bengaluru - 560 043 (By Shri Harisha K.A., Advocate) And:
The State of Karnataka By Pulakeshinagar Police Station Bengaluru - 560 001 Represented by Public Prosecutor (By Shri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.3 of 2019 registered by Pulakeshinagar Police Station, Bengaluru for the offence punishable under Section 420 and 506 read with Section 34 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State. Perused the records.
2. A person by name Nayim Ali Baig has lodged a complaint stating that in the year 2015 the complainant’s wife Smt. Shabnam Hajira came in contact with Smt. Jabeena Khanum on the guise that the said lady is performing the pooja of God Allah and in that context she persuaded the wife of the complainant to get an amount of Rs.20,00,000/-; and also in the year 2017, 820 grams of gold for the purpose of construction business with an assurance that he will provide a site for construction. But, in spite of the repeated requests, the said amount has not been paid; and in the name of God she tried to persuade the wife of the complainant for the purpose of forfeiting the said amount. On the basis of the above said factual matrix, the Trial Court, i.e. LVII City Civil and Sessions Judge, Bangalore has granted bail to the accused No.1 in Criminal Miscellaneous No.25053 of 2019 vide order dated 18th January, 2019.
3. Looking to the above said facts and circumstances, it appears more like a civil dispute between the parties with regard to some financial transactions. On the ground of parity also the petitioner is entitled to be enlarged on bail. Hence, the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.3/2019 of Pulakeshinagara Police Station, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e. on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
lnn Sd/- JUDGE