IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No.147/2019 BETWEEN:
Sadiq, S/o Abdul Ahmed, Aged about 35 years, R/at Sakeer Manjil, Kisan Nagar, Harekala, Dakshina Kannada District, Pin : 574199. …Petitioner (By Sri.Ismail Z Zabiulla, Advocate AND:
The State of Karnataka, By Kalasipalya Police Station, Bengaluru, Reptd. by The State Public Prosecutor, High Court of Karnataka, Bengaluru -01. … Respondent. (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed u/s. 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.310/2018 of Kalasipalya Police Station, Bengaluru City, for the offence punishable under Sections.420, 379 and 120-B r/w Section 34 of IPC etc.
This petition coming on for orders this day, the Court made the following;
ORDER The present petition has been filed by the petitioner/accused No.2 under Section 438 of Cr.P.C., to release him on anticipatory bail in Crime No. 310/2018 of Kalasipalya Police Station for the offences punishable under Sections. 420, 379 and 120-B read with Section 34 of IPC.
2. The jist of the complaint is that on 03/12/2018 petitioner came with other accused to the factory of the complainant and purchased 1.270 kgs of cashews worth Rs.9,89,625/-. The owner of the factory sent his worker by name Siddapparamu Patil along with them. On 5/12/2018 they came to Belgaum, to load cashew boxes. They loaded the same to Adithya Travels to transport to Bengaluru. On 06/12/2018, the bus came to Kalasipalya at about 8.00 a.m., cashew boxes were down loaded. When Siddapparamu Patil and the present accused went for drinking tea, cashew boxes were stolen and they were taken away by cheating the said person. On the basis of the complaint, a case has been registered against the petitioner and other accused person for the offences punishable under Sections. 420, 379 and 120-B read with Section 34 of IPC.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
4. It is the submission of the learned counsel for the petitioner that the complaint has been registered only because of the rivalry between the parties and it is a commercial transaction. He further submitted that the said cashew boxes have been purchased by the accused from the factory of the complainant. Complainant has not produced MOU or sale receipt, voucher, bill for having purchased the cashews. It is further submitted that the petitioner was only a driver and as such, he is in no way concerned to the alleged crime and a false complaint has been filed against him. Petitioner is ready to abide by the conditions which may be imposed by this Court. Hence, he prayed that the petition may be allowed and petitioner may be released on bail.
5. Per contra, learned HCGP, vehemently argued and submitted that the petitioner along with accused No.1 have cheated the said Siddapparamu Patil, who has come along with cashew boxes. He further submitted that there is a prima facie case against the petitioner and investigating officer has to recover the cashew boxes. The petitioner/ accused is absconding and is not available for investigation or interrogation. Hence, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of the learned counsel for the parties and perused the records.
7. It is not in dispute that cashew boxes were stolen, when the said Siddapparamu Patil went for drinking tea. Whether the petitioner along with other accused have committed the alleged crime or not, is to be ascertained only after investigation and it is a matter of trial. Cashew boxes are yet to be recovered and still the investigation is in progress. The offence alleged are not punishable with death or imprisonment for life. Under the facts and circumstances, by imposing some stringent conditions, if petitioner/ accused is released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed.
Petitioner/accused No.2 is granted anticipatory bail in the event of his arrest in Crime No.310/2018 of Kalasipalya Police Station for the offence punishable under Sections. 420, 379 and 120(B) read with 34 of IPC, subject to the following conditions;
i) In the event of his arrest, the Investigating Agency is directed to enlarge the petitioner on bail on he executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Agency within 15 days from today.
iii) He shall not tamper with the prosecution evidence in any manner directly or indirectly.
iv) He shall mark his attendance once in 15 days in between 10.00 a.m. to 5.00 p.m., before the concerned police station till the charge sheet is filed.
v) He shall not leave the jurisdiction of the Court without prior permission.
vi) He shall attend the Court regularly.
Sd/- JUDGE Msu